Alton Railway, Gas & Electric Co. v. Webb
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the City Court of Alton; the Hon. Alexander W. Hope, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the City Court of Alton; the Hon. Alexander W. Hope, Judge, presiding. This is an action on the case, brought in the city court of Alton by Emma Webb, the appellee, against the Alton Railway, Gas and Electric Company, the appellant, to recover damages for a personal injury sustained by appellee by reason of being thrown from a moving street car owned and controlled by appellant in the city of Alton. A trial before a jury resulted in a verdict for $5000. The plaintiff remitted one-half of this amount.…
1Opinion of the CourtJustice Scott
The declaration in this case contains five counts. The appellant says that each count alleges that the plaintiff was thrown from the car to the ground at Bluff street, while the proof shows that the accident did not occur until the car had gone three-fourths of a block beyond Bluff street. It is contended that this discrepancy between the declaration and the proof constitutes a material variance, because the place of the accident is made a matter of essential description by the declaration.
The alleged variance was not pointed out in the city court by airy objection to evidence when offered,…
2Cases cited1 opinion
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
3Cited by6 opinions
- Linnberg v. City of Rock IslandAppellate Court of Illinois · 1910
- National Life Insurance Co. of United States v. FlemingCourt of Appeals of Maryland · 1915
- Dougherty v. Union Traction Co.California Court of Appeal · 1913
- Commonwealth Electric Co. v. RooneyAppellate Court of Illinois · 1908
- Kellyville Coal Co. v. O'ConnellAppellate Court of Illinois · 1907
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