Lewis v. Oesterreicher

If it appears that a plaintiff cannot recover under any theory of law applicable to his pleadings, the conceded facts and his own evidence, it would be useless for an appellate court to review the action of the trial court as to the instructions or the admission of incompetent evidence offered by the defendant. In our opinion we have such a case here, and, under this *80view, our discussion may be greatly abbreviated, lor the reason that the plaintiff’s counsel urges several assignments concerning the action of the court as to the instructions, and the admission of incompetent evidence offered…