City of Bloomington v. Goodrich
Illinois Supreme Court
Appeal from the Circuit Court of McLean county. This was an action on the case, by Ann Goodrich, against the city of Bloomington, for an injury alleged to have been sustained by plaintiff on account of the defective condition of a sidewalk. Upon trial, the jury returned a verdict for $4500. Judgment was rendered accordingly. The defendant appealed.
1Opinion of the Court
Per Curiam :
The doctrine is laid down by Chitty (1 Pleadings, 7 Am. ed. 427,) that “ if the pleader, though needlessly, describe the tort, and the means adopted in effecting it, with minuteness and particularity, and the proof substantially vary from the statement, there will be a fatal- variance^ which will occasion a non-suit.”
It is alleged in the declaration in this case that appellee received the injury complained of in consequence of a portion of the sidewalk being out of repair, “ to-wit, by some of the planks being broken, so that large and deep holes were in said walk, and the surface…
2Cases cited1 opinion
- Moss v. JohnsonIllinois Supreme Court · 1859
3Cited by10 opinions
- Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
- Forsell v. Pittsburgh & Montana Copper Co.Montana Supreme Court · 1909
- City of Rock Island v. CuinelyIllinois Supreme Court · 1888
- Cleveland, C., C. & St. L. Ry. Co. v. EggmannAppellate Court of Illinois · 1897
- Illinois Central Railroad v. Chicago Title & Trust Co.Appellate Court of Illinois · 1899
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