Hiller v. Shaw

OPINION

By SHERICK, J.

The defendant in error having deliberately chosen the theory upon which he sought to hold the husband liable for his wife’s negligence, and having adhered strictly to that view throughout the trial, even to the extent of objection to defense testimony offered as to whether or not the husband exercised any control, or right of control, of Iris automobile at the time, makes us now indisposed to consider any other theory of responsibility under the pleadings, even if it were within our power, as it is not, to peimit amendment, or consider the basing of liability of the…