Lucas v. White

Wiborne, C. J.:

Appellant states this as the question involved on this appeal: “Is nonsuit proper where evidence tends to show that defendant observed or should have observed an approaching vehicle weaving across the road and in the left-hand lane and made no effort to avoid the collision although he could have done so?” In the light of the allegations of the complaint, paragraph 22, the answer is Yes.

Plaintiff must make out her case according to her allegations, that is, secundum allegata. The court cannot take notice of any proof unless there is a corresponding allegation. And where there is…