Armstrong v. Wm. Musser Lumber & Manufacturing Co.

Citations

• 43 Wash. 584
• 86 P. 944
• 1906 Wash. LEXIS 751

Syllabus

<p>Pleadings — General Denial — What May Be Proved. Under a general denial of a complaint alleging a contract of employment for one year, the defendant may introduce evidence tending to show a contract of employment for an indefinite time, without affirmatively alleging the same.</p> <p>Appeal — Review — Harmless Error — Instructions. Where an answer by a general denial raises an issue as to whether a contract of employment was for a fixed period or for an indefinite time, inadvertently instructing the jury that such issue was raised by an affirmative allegation of the answer, is not prejudicial error.</p> <p>New Trial — Grounds—Instructions. A new trial should not be granted for an inadvertent error in the instructions that was not prejudicial to the moving party.</p> <p>Appeal — Review—Grounds Not Considered Below — New Trial. Where a new trial is expressly granted upon a single question of law, and it was error to grant it upon that ground, the order will be reversed on appeal without determining whether the motion should have been granted upon any other ground.</p>