Wilson v. Bright

This appeal presents identical questions in each case: (1) Is there a fatal variance between the allegations and the proof? (2) Was the evidence sufficient to survive the motions for nonsuit?

The complaints allege that Mrs. Bright operated the Plymouth over a dirt road carelessly and negligently at an excessive rate of speed and in such manner as to endanger the plaintiff; that she failed to keep the vehicle under proper control and failed to keep a proper lookout when she knew, or should have known, that children were accustomed to play on the road. The defendants contend the evidence fails…