Orr v. Dawson Telephone Co.

1. Where a suit against a telephone company and an individual alleged that the defendants operated, controlled and maintained a telephone line of which they were joint owners, and that the plaintiff sustained an injury as the result of the defendants’ negligence in failing to maintain it in a reasonably safe condition, for which injury the plaintiff sought to hold the defendants liable in damages, and where upon the trial the evidence supported the other allegations, there was no fatal variance between the allegations and the proof merely because the evidence may have failed to show that the…