Saint Louis, Arkansas & Texas Railway Co. v. Evans

STAYTON, Chief Justice.

—Defendant in error brought this action on September 19, 1889, to recover the value of a jennet, in the petition alleged to have been killed by the defendant’s cars on April 29, 1886, and to recover the value of a mule alleged to have been killed in the same manner on April 15, 1889.

*370The defenses pleaded were general demurrer and general denial. The evidence developed the fact that the jennet was killed in April, 1889, and when that was offered it was objected to solely on the ground of variance between the proof and the averment in the petition as to the time of the…