George Shiras, Jr.

“ The duty of the jury to find the wages or earnings of the plaintiff, after allowing for the interest on the capital invested, and for the energy and skill of the partners, could not, in the absence of evidence on those topics, have been intelligently performed. ”

“ If, then, this were the only ground on which we were asked to proceed in disposing of these assignments of errors, we should not feel disposed to disturb the judgment; but, when we come to examine the objections that were sufficiently taken to the evidence in question, we find error so serious as to compel a reversal. ”

“ It does not appear, however, that objection was specifically made to the evidence on the ground that the declaration contained no allegations of the special damage sought to be shown; and it is perfectly well settled in this court h at where a case has gone to a hearing, testimony been admitted to a jury under objection, but without stating any reasons for the objection, and a verdict rendered, with judgment on the verdict, the losing party cannot, in the appellate court, state for the first time a reason for that objection which would make it good. ”