Legal Opinion

Sunderland v. Pioneer Fire Proof Construction Co.

Appellate Court of Illinois

Decided September 26, 1898PublishedCited by 1 opinion

Trespass on the Case, for personal injuries. Trial in the Circuit Court of La Salle County; the Hon. Samuel C. Stough, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.

1Opinion of the Court

Mr. Presiding Justice Dibell

delivered the opinion of the court.

There were seven- counts in the declaration. It is claimed that as t,o all but the second there was a variance between the declaration and the proofs, because said counts charged plaintiff was driving Ms horse, while the proof showed that before tbe injury plaintiff had stopped, got out of his buggy and taken his horse by the head. We do not need to determine this contention, for the second count certainly stated the situation and the case as the proofs tended to establish them. It charged mere negligence, and there was proof…

2Cited by1 opinion

  1. Pioneer Fire-Proof Construction Co. v. SunderlandAppellate Court of Illinois · 1900

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