Smith v. Stanfield Hosiery Mill, Inc.

We need not pause to inquire whether error was committed in the admission of evidence, which the court stated would be stricken out unless its competency later appeared, for, upon the record as presented it would seem that tbe summation of the complaint, “the dyestuffs were deleterious and poisonous,” when no such allegation appears therein, and the recitation of the contention, “the calves were born with something wrong with them, they were unable to stand or walk and born blind,” when there was no evidence to support such a contention, brings the case within the principle announced in S. v.…