Davidson v. O. & C. Railroad

By the Court,

Lord, J.:

This was an action for damages alleged to have been occasioned to plaintiff’s land by the neglect of the defendant. The first error assigned is a variance between the facts alleged and proved by the plaintiff. This variance is claimed to consist in the want of an allegation of previous possession, to make the complaint conform to the facts proved. While it would have been easy to have avoided the criticism suggested, by a more specific allegation of previous possession, yet we think, construing the pleading within the meaning of section 83 of the civil code, such…