Chicago City Railway Co. v. Carrick

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It is contended in behalf of appellant that the verdict in favor of appellee was not justified by the evidence, “that there is a fatal variance between the allegations of the declaration and the proof.”

The first count of the declaration charges that appellant’s car was negligently “jerked” forward, in consequence of which “plaintiff was thrown with great force and violence upon the ground and dragged along the same at a rapid rate of speed three hundred feet, by means whereof she sustained serious” injuries, etc. The second count…