City of Hattiesburg v. Reynolds

Citations

• 124 Miss. 352
• 86 So. 853

Syllabus

<p>1. Judgment. {Where variance between declaration and proot material, plaintiff cannot recover mtnout amending.</p> <p>AAThere there is a material variance between, the declaration and the proof, the plaintiff cannot recover without amending his - declaration to conform to the proof.</p> <p>2. Municipal Corporations. Municipality riot liable for injuries from defect in street, in absence of notice.</p> <p>A municipality is not liable in damages sustained by a traveler on its streets because of a defect therein, unless it had either actual or constructive notice of such defect.</p>