Sylvis v. Hays

In support of her appeal the plaintiff invokes section 9-224, Oregon Code 1930, which provides that the evidence adduced upon the trial of a cause shall be confined to the material allegations of the pleadings, and cites the cases of Woodward v. Oregon Ry. & Nav. Co., 18 Or. 289 (22 P. 1076), and Martini v. Oregon-Washington R. & Nav. Co., 73 Or. 283 (144 P. 104). We are in complete accord with the holding in these cases. This question has frequently been passed upon by our court. In Kennedy v. Hawkins, 54 Or. 164 (102 P. 733, 25 L. R. A. (N. S.) 606), the rule is stated thus:

“It is always…