Standard Oil Co. v. Brown
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts are stated in the opinion. To entitle a plaintiff to go to the jury, the evidence offered in support of his pleadings must conform closely to the allegations thereof. 13 Ency. PL & Pr. 910, and cases cited; Hetzel v. Railroad Co., 7 App. D. C. 524; Arrick v. Fry, 8 App.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts are stated in the opinion. To entitle a plaintiff to go to the jury, the evidence offered in support of his pleadings must conform closely to the allegations thereof. 13 Ency. PL & Pr. 910, and cases cited; Hetzel v. Railroad Co., 7 App. D. C. 524; Arrick v. Fry, 8 App. D. C. 125. Where a plaintiff has charged particular negligence, proof of other and different acts or omissions as a ground of liability will constitute a fatal variance. Shanke. v. U. S. Heater Co., 125 Michigan, 346; Brown v. Miller, 62 S. W. Rep. 547;…
1Opinion of the CourtJustice McKenna
This action was brought in the Supreme Court of the District of Columbia for damages for injuries alleged to have been received by defendant in error while in the employment of plaintiff in error and through its negligence.
The case was tried to a jury, which rendered a verdict in favor of the defendant in error in the sum of $6,500, upon which judgment was duly entered. It was affirmed by the Court of Appeals.
The assignments of error are based on certain instructions asked by the company which the trial court refused to give, the chief of which requested the court to direct the jury to find a…
2Cases cited5 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Baltimore & Potomac Railroad v. CumberlandSupreme Court of the United States · 1900
- Grace & Hyde Co. v. KennedyCourt of Appeals for the Second Circuit · 1900
3Cited by25 opinions
- Northern Pac. Ry. Co. v. MaerklCourt of Appeals for the Ninth Circuit · 1912
- Twachtman v. ConnellyCourt of Appeals for the Sixth Circuit · 1939
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- Stewart v. Stone & Webster Engineering Corp.Montana Supreme Court · 1911
- Kelley-Koett Mfg. Co. v. McEuenCourt of Appeals for the Sixth Circuit · 1942
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