Watson v. Dodson

This is an action for damages for injuries allegedly-sustained in an automobile collision. In his complaint, the plaintiff alleged a lack of due care on the part of the defendant with reference to speed, lookout, and control. The plaintiff failed to plead that the defendant was operating his automobile with defective brakes. At the trial, there was some evidence upon which the court could have instructed, and the jury could have found for the plaintiff, on the matter of defective brakes if that matter had been included in the pleadings. See Nettleton v. James et al., 212 Or 375, 319 P2d 879…