Evans v. Brown

Where the petition, to recover damages resulting-from an automobile collision alleges that the reasonable market value of the automobile before the collision was $1300, and after the collision the automobile was worthless, and the prayer is for $1300, and where uncontroverted evidence shows that the automobile had a reasonable market value of $1600 before the collision and $250 thereafter, and such evidence was unobjected to, and where the only alleged error contended for is that the verdict for $1300 is unauthorized because of the variance between the pleading and the evidence. Held:

The…