Opinion
[No. 122, September Term, 1964.]
Decided January 6, 1965.
APPEAL — Automobile Accident — No Motion For Directed Verdict, No Objections To Trial Court's Instructions Or Refusals To Instruct And No Complaint As To Any Rulings Objected To During Trial — This Court On Review Would Not Consider Questions Presented By Appellant Under These Circumstances. pp. 620-621
NEW TRIALS — This Court Will Not Pass Upon Trial Court's Action — Nothing Here To Justify Departure From Usual Rule. p. 621
Decided January 6, 1965.
Appeal from the Circuit Court for Baltimore County (LINDSAY, J.).
Action by Marian E. Galbraith against Benjamin F. Oswald, Jr., for damages for injuries and other losses allegedly sustained in an automobile collision. From a judgment entered upon a jury's verdict for the defendant, the plaintiff appeals.
Affirmed, with costs.
The cause was argued before HAMMOND, HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.
Marian E. Galbraith, pro se, for the appellant.
Ridgely P. Melvin, Jr., with whom were McWilliams Melvin on the brief, for the appellee.
On this appeal the plaintiff-appellant seeks reversal of a judgment entered upon the verdict of a jury for the defendant-appellee, in a suit to recover for personal injuries and property damages due to an automobile accident involving automobiles operated by the respective parties. The record before us discloses that at the trial below the appellant made no motion for directed verdict at any time, nor were there any objections made to any of the court's instructions or refusals to instruct. Likewise, the appellant does not complain in this appeal of any rulings made by the court on any objections made by her during the trial. Under these circumstances this Court on review will not consider the questions presented by the appellant. Maryland Rule 885.
What the appellant really sought here was a review of the trial court's refusal to grant a new trial. There is nothing in the record to justify departure from the usual rule that this Court will not pass upon the trial court's action in such cases.
Judgment affirmed, with costs.