Hutchinson Lumber & Planing-mill Co. v. Baker

Citations

• 74 Kan. 120
• 85 P. 1016
• 1906 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Variance — Allegations and Proof of Negligence. The rule that the negligence proven and found by the jury must correspond with the averments of the petition is not to be construed in a narrow, technical sense, but with a view of giving effect to section 133 of the code (Gen. Stat. 1901, § 4567) ; and a verdict will not be set aside because some of the language used is inappropriate, where there is sufficient to apprise defendant of the nature of the negligence complained of, and where it manifestly appears that defendant was not misled or prejudiced in maintaining its defense on the merits.</p>