Babbitt v. Grand Trunk Western Railway Co. ( 1917 )

Mr. Presiding Justice Barnes

delivered the opinion of the court.

2. Appeal and error, § • 365*—what questions cannot first he raised on appeal. Whether the provision in a bill of lading for its surrender is for the benefit of the carrier only, and whether such provision was waived by reason of certain facts were questions which could not be raised for the first time on appeal, in an action to recover for loss of goods shipped.