804.
138K.  Ft  W.  &  D.  C  Ry.  Ca  ▼.
Allen  (Tex.  1916),  189  S.  W.  765.
138J^a.  Jeffcoat  v.  Atlantic  Coast
Line  R.  Co.  (1918),  96  S.  E.  616.
139.  Where  appellant  failed  to  test
the  accuracy  of  a  witness  on  cer-
tain matter,  it  could  not  complain  on


appeal  of  the  answer  made.  St  L.
S.  W.  Ry.  Co.  V.  MiUer  &  White
(Tex.  1916),  190  S.  W.  819,  820.
Where  appellant  submitted  specific
grounds  embodied  in  a  peremptory
charge  why  it  should  be  submitted  to
the  jury,  he  cannot  on  appeal  sus-
tain the  charge  upon  another  and  dif-
ferent ground  not  presented  in  the
trial  court  P.  &  S.  F.  Ry.  Co.  v.
Vaughn  (Tex.  1917),  191  S.  W.  142.
An  assignment  of  error  complain-
ing that  the  verdict  is  excessive^
made  for  the  bearing  it  would  have
upon  the  other  assignments  pre*
sented,  rather  than  with  any  expect!*
tion  if  it  stood  alone,  it  would  be


554


THE  LAW  OF  LOSS  AND  DAMAGE  CLAIMS


for  loss  or  damages,  if  either  party  desires  to  appeal  to  the
Supreme  Court  of  the  United  States,  it  does  not  seem  necessary
to  plead  the  federal  right,  but  it  is  enough  if  it  is  relied  upon


sustained  in  the  form  presented,  will
be  overruled  for  the  reason  given
therein.  P.  &  S.  F.  Ry.  Co.  v.  Mor-
rison (Tex.  1917),  191  S.  W.  138.
