McLaughlin v. San Francisco & San Mateo Railway Co.

Citations

• 113 Cal. 590
• 45 P. 839
• 1896 Cal. LEXIS 829

Syllabus

<p>Negligence—Damages—Indebtedness Incurred for Physician—Expenditure—Pleading—Evidence — Variance.—In case of personal injury of a plaintiff through the negligence of the defendant, under a proper .pleading the injured party may recover for such necessary medical expenses as he may have become liable to pay, though not in fact paid before suit brought; but where the complaint avers that plaintiff has necessarily expended a specified sum in doctor’s bills, he cannot prove that he has incurred a physician’s bill, or recover the amount thereof under such pleading.</p>