Myers v. American Steel Barge Co.
Appellate Court of Illinois
Trespass on the Case, for personal injuries.—Appeal from, the Superior Court of Cook County: the Hon. Phillip Stein, Judge, presiding.
1Opinion of the CourtJustice Waterman
In this case each count of the declaration charged specifically that the accident was caused by the breaking of a cable.
Ho evidence that a cable broke was given; on the contrary, the evidence was that a buckle or hook broke, and therefrom the plaintiff was injured.
Upon the motion that the jury be instructed to find a verdict for the defendant, this variance was pointed out, yet the plaintiff preferred to stand by his declaration, instead of amending the same, as he might have done.
Because of such variance the jury were properly instructed to find for the defendant. Wabash Ry. Co. v. Friedman,…
2Cases cited6 opinions
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- Columbus, Chicago & Indiana Central Railway Co. v. TroeschIllinois Supreme Court · 1873
- Chicago & Alton Railroad v. PlattIllinois Supreme Court · 1878
- East St. Louis Packing & Provision Co. v. HightowerIllinois Supreme Court · 1879
- Duffy v. UptonMassachusetts Supreme Judicial Court · 1873
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3Cited by2 opinions
- Muench v. Standard BreweryAppellate Court of Illinois · 1904
- Sedgwick v. Concord Apartment House Co.Appellate Court of Illinois · 1902