(Syllabus.)
1. Pleading — Trial — Effect of Sustaining Demurrer to Portion of Pleading — Inadmissibility of Evidence in Support of That Portion.
Sustaining a demurrer to any portion of a pleading removes from further consideration in the case all of that portion of the pleading to which the demurrer was directed, and no evidence may be introduced in support of that portion of the petition to which the demurrer was sustained.
2. Trial — Personal Injury Action — Prejudicial Error in Plaintiff's Attorney Referring to Defendant's Liability Insurance.
Ordinarily, in a personal injury action, reference to defendant's liability insurance by plaintiff's counsel in his opening statement or argument to the jury is improper, and is prejudicial to the rights of the defendant, and the overruling of defendant's motion for a mistrial constitutes reversible error.
GIBSON, J.
This is a companion case to H.M. Leonard and Earl Leonard, partners doing business as the Big Four Line, v. Minnie Stepp, No. 25805, ( 175 Okla. 487, 53 P.2d 1110) this day decided. The causes were consolidated for purposes of trial and were briefed together in this court.
The defendant in error, T.G. Stepp, is the husband of Minnie Stepp, defendant in error in cause No. 25805. He commenced this action to recover for loss of services of his wife, medical expense incurred, and damages to his automobile.
The opinion in cause No. 25805 is adopted as the opinion in this case, and for the reasons therein stated, the judgment of the trial court is reversed and the cause remanded, with directions to grant the defendant a new trial.
McNEILL, C. J., and BAYLESS, WELCH, and CORN, JJ., concur.