Ford v. Harden

1. The rule is weli recognized that where evidence pertaining to the same cause of action is introduced without objection, but the evidence could have been authorized by an amendment to the pleadings, it is proper for the trial court to charge the jury on the issues thus made. Evans v. Henson, 73 Ga. App. 494 (2c), (37 S. E. 2d 164). This does not mean that evidence pertaining to a different cause of action will have the same effect, because a plaintiff must recover upon the cause of action declared upon and not upon another cause of action shown by the evidence to exist. Dixie Ornamental…