Illinois & St. Louis Railroad & Coal Co. v. Fehringer

Citations

• 82 Ill. 129

Syllabus

<p>Variance. Where a declaration alleges the construction of a dam hy a railway company on its land adjoining that of the plaintiff, and thereby overflowing the land of the latter, and the proof shows the closing of a culvert under its road by the defendant, through w7hich the water was accustomed to flow, this will sustain the allegation in the pleading, and there will be no variance.</p>