Gonzales v. Allison & Haney, Inc.

NOBLE, Justice.

Defendants have appealed from a judgment entered pursuant to a jury verdict awarding claimant total temporary disability of 26 weeks and partial permanent disability of 45% on account of an injury occurring on October 10, 1958.

Complaint is made for the first time on appeal that by its instructions 7, 8, 9 and 10, the court charged the jury upon an issue not presented by the pleadings. We have repeatedly said that the specific vice in the challenged instruction must be pointed out and a ruling of the trial court invoked thereon to preserve the claimed error for appeal. Zamora v.…