plaintiff allowed to amend petition to allege specific negligence in applying brakes such that tractor-trailer unit jackknifed because issue tried by implied consent
How later courts described this case
- plaintiff allowed to amend petition to allege specific negligence in applying brakes such that tractor-trailer unit jackknifed because issue tried by implied consent
- no objection on basis that issue was outside of the pleadings
Written by the judges who cited it.
The opinion
DONNELLY, Judge
(dissenting).
I believe prejudicial error resulted from the refusal of the trial court to give Instruction B.
I respectfully dissent.