Oklahoma Transp. Co. v. Phillips

WELCH,’ Justice.

The plaintiff’s petition charged negligence on the part of the defendants in certain acts, and whereby ’bodily injury and pain and loss of physical fitness to perform labor resulted to the plaintiff.

In final paragraph of the petition it is stated:

“Wherefore, plaintiff prays judgment in the amount of $25,000.00 and for her costs.”

The defendants, for answer, denied generally the allegations of the plaintiff’s petition and pleaded contributory negligence and unavoidable accident.

At the 'beginning of the trial the defendants objected to the introduction of any evidence on the…