Louisville N. R. Co. v. King

HARWOOD, Judge.

This is an appeal from a judgment in favor of the plaintiff below, appellee here, for damages resulting from the killing of plaintiff’s cow by the defendant railroad, the appellant.

The complaint contained one count, with issue joined thereon. No question of pleading is involved in this appeal.

The complaint alleges that the cow was killed “on to-wit: February 16, 1950.” The evidence tends to show that the cow was killed on December 29, 1949. This variance between the pleading and proof is one of the points urged as error by the appellant. We will discuss this point later in this…