Marshall Field & Co. v. LeBosky

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It is urged in behalf of appellant first, that the court erred in not sustaining the motion to exclude the plaintiff’s testimony on the ground of variance between the evidence and the declaration, in that the declaration simply alleges that the plaintiff was injured by tripping and slipping on the stairway, whereas her testimony shows that she was injured by falling on the stairway and down to the floor; second, that the evidence fails to show appellant guilty of negligence, or that appellee was not guilty of contributory…