Postell v. Brunswick & Western Railroad

There was no error in granting a nonsuit in this case, as the allegata and the probata did not correspond. The petition made one case, and the evidence made another. The suit was against the Brunswick and Western Railroad Company. The petition alleged that, “on the 16th day of November, 1897, your petitioner was in the employ of said defendant as switchman in the city of Albany, said State and county, his principal duty being to couple and uncouple, cars in making and unmaking the trains- of defendant, and in carrying out said duties he obeyed the orders and instructions of one general…