Morrison Waite

“ The record as it comes to us presents only abstract questions of law, which may or may not have been ruled in a way to affect the defendant injuriously. It has long been settled that such questions will not be considered here on a writ of error, unless it appears from the bill of exceptions, or otherwise in the record, that the facts were such as to make them material to the issue which was tried. ”

“ Those facts, apart from the pleadings, can only be shown here by a special verdict, an agreed statement duly signed and submitted to the court below, or by bill of exceptions. When, in the latter, complaint is made of the instructions given or refused, it must be accompanied by a distinct statement of testimony given or offered which raises the question to which the instructions apply.' 'The proof of the facts which make the charge erroneous must be distinctly set forth, or it must appear that evidence was given tending to prove them.' See, also, U.S. v. ”

“ This suit was brought by Madison, the defendant in error, for injuries received by him through the alleged negligence of the New York, Lake Erie & Western Railroad Company, while he was in its employ as a brakeman. He charged in his petition that 'after a train of cars operated by said defendant, and on which train he was employed as aforesaid, had stopped at the town of Mantua, a station along the line of said company in the district and division aforesaid, it became necessary in the course of his duties to step between two cars of said train for the purpose of uncoupling them ”