Ackerman v. Industrial Commission

At some point during the progress of the case the issue made by the petition must have been abandoned and a new issue injected into the case in some way. The petition directly avers that Colby died as a result of the injuries received by him on June 21, 1929, in the course of his employment. No claim is made in the petition that the injury accelerated an existing condition, to wit, cirrhosis of the liver. It pleads unequivocally that the injury caused the death.

It is an old rule that the evidence must correspond to the pleadings and be confined to the point in issue. The theory of. recovery…