Fitzgerald v. Southern Pacific Co.

BEASLY, J., pro tem.

Plaintiff was injured on the ninth day of November, 1912, while leaving a Southern Pacific train at Madrone Station, in Santa Clara County, and defendant appeals from a judgment in her favor on account thereof entered pursuant to the verdict of a jury.

The first claim of defendant is of a variance between the complaint and the proofs of plaintiff, it being claimed that the complaint alleged only that plaintiff was thrown from the train and that this is not shown by the evidence.

Plaintiff’s cause of action as stated in her complaint is that while she was a passenger on…