Opinion
[No. 157, October Term, 1951.]
Decided April 4, 1952.
APPEAL — Error In Instruction To Jury — If Record Does Not Show Objection, Dismissed. Where, in a personal injury case, it is contended on appeal that the court's charge to the jury regarding contributory negligence was erroneous but the record does not show any objection to the charge or to any other ruling of the court, there is nothing for the Court of Appeals to pass upon and the appeal was, therefore, dismissed. p. 35
Decided April 4, 1952.
Appeal from the Circuit Court for Prince George's County (MARBURY, J.).
Suit by Lillian C. Manning against Ralph E. Cochran, Jr., and George F. McCeney to recover damages for personal injuries.
From a judgment for defendants, plaintiff appealed.
Appeal dismissed.
The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.
Samuel R. Blanken, with whom was Morris Benson, on the brief, for appellant.
The Court declined to hear argument for the appellees.
Sasscer, Clagett Powers, Hal C.B. Clagett and Jerrold V. Powers, on the brief, for appellees.
This is an appeal from a judgment on the verdict of a jury for defendant in a suit for personal injury due to alleged negligence. In her brief and at the argument plaintiff contended that in many respects the court's charge to the jury regarding contributory negligence was in error. The record, however, as printed in the appendix to plaintiff's brief shows no objection at the trial to the court's charge or to any other ruling of the court. There is, therefore, nothing for us to pass upon, and the appeal will be dismissed. Smith v. Carr, 189 Md. 338, 56 A.2d 151; Barone v. Winebrenner, 189 Md. 142, 55 A.2d 505; Davis v. State, 189 Md. 269, 55 A.2d 702; Swann v. State, 192 Md. 9, 63 A.2d 324.
Appeal dismissed, with costs.