Iverson v. McDonnell

Citations

• 36 Wash. 73
• 78 P. 202
• 1904 Wash. LEXIS 517

Syllabus

<p>Trial — Instructions—Pleadings—Amendments Deemed to be Made — Master’s Promise to Repair Machinery. Instructions upon an issue as to defendant’s promise to repair machinery not raised in the pleadings, are not erroneous where evidence thereon was introduced without objection, since the pleadings may be considered amended to embrace the fact.</p> <p>Master and Servant — Negligence- — Indemnity—Pact That Defendant Carries Accident Insurance — Trial—Objections— Sufficiency. In an action against an employer for personal injuries, where it is evident that the purport of questions asked by the plaintiff’s counsel was to get before the jury the fact that the defendant was indemnified against liability by carrying employer’s liability insurance, the case will be reversed, although defendant’s first objection to such questions specified no grounds and the second objection made was sus'tained.2</p>