Woodbury v. Yeaton

Action in bastardy, heard with jury. On exception to refusal of presiding Justice to direct a verdict for defendant be*148cause of variance between allegations and proof, and upon the further ground that complainant failed to show compliance with condition precedent to the maintenance of her action. The declaration alleged that “being put upon the discovery of the truth during the time of her travail, she accused said Frank T. Yeaton, the respondent, of being the father of said child.” The child was delivered by Caesarean operation while the complainant was under anesthetics, and no accusation…