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The first ground upon which the defendant seeks a reversal of the judgment is the
refusal of the trial court to direct a verdict in its favor . This motion was rested
upon several grounds - - first , that the proofs did not bring the case within the ...
Lastly , it is asserted that there was error in refusing to charge the defendant ' s
request that if the decedent contributed by his own negligence to the accident , “
the damages , if any ... As a matter of fact , no such refusal appears in the record .
The plaintiff ' s action is not for the taking up of the ticket or for refusal to permit
her to ride thereon , but for damages for the failing to deliver to her the ticket for
which she had asked . The action , therefore , is not within the decision in the
case of ...
... oftener than not , is due to such other circumstances rather than to the mere
fact of non - restitution ; as , for instance , if the former attorney became
possessed of sufficient money with which to make restitution but refused so to
apply it .
The auctioneer refused to accept his bid and struck the property off to the
borough for a term of thirty years . ... have accepted the bid and would in case of
a sale without reserve have been liable in damages for his refusal to do so (
Warlow v .
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