Metropolitan Trust Co. v. Bowman Dairy Co.

The Bowman Dairy Company appeals from a judgment in the sum of $5,000, entered upon a verdict of the jury in an action under the statute for negligence causing the death of plaintiff’s intestate. The jury also returned a verdict that a codefendant, Fred G-. Kunz, was not guilty. It is urged for reversal that there was a fatal variance between the allegations of the original complaint and the proofs; that an amendment made to cure this variance states a new cause of action that is barred by the limitations contained in the Injuries Act, Ill. Rev. Stat. 1937, ch. 70, § 1 et seq.-, Jones Ill.…