Bernhard v. Reeves

The opinion of the court was delivered by

Hoyt, J.

During the progress of the trial of this case a wide range of testimony was allowed to be introduced, *425and in the instructions given to the jury the court attempted to cover the questions of law properly to be submitted to the jury upon the testimony thus introduced, Avithout in any Avay limiting such instructions to the issues made by the pleadings. Under such pleadings there was no question Avhatever raised as to the manner in Avhich the plumbing had been originally done, nor as to the make or construction of the water closet. The only…