Locher v. Kluga
Appellate Court of Illinois
Trespass oil the Case. — Death from negligent act. Error to the Circuit Court of Cook County: the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1901.
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of the court.
No claim is made by counsel for plaintiff in error that the evidence was insufficient to go to the jury — only that it varied from the allegations of the declaration. It is a sufficient answer to this contention to say, there was no attempt in the trial, so far as appears from the abstract, to point out the alleged variance. In a court of review it is well settled that to avail of a variance between the proof and declaration, the alleged variance must have been specifically called to the attention of the trial court, so that the…
2Cases cited14 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Campbell v. PeopleIllinois Supreme Court · 1854
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Baltimore & Ohio Southwestern Railway Co. v. ThenIllinois Supreme Court · 1896
- Chicago, Peoria & St. Louis Railroad v. WoolridgeIllinois Supreme Court · 1898
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3Cited by3 opinions
- Ewurs v. PakenhamAppellate Court of Illinois · 1972
- Illinois Central Railroad v. BeckerAppellate Court of Illinois · 1905
- Ewurs v. PakenhamAppellate Court of Illinois · 1972