Williams v. Meadville & Cambridge Springs Street Railway Co.

Citations

• 31 Pa. Super. 580
• 1906 Pa. Super. LEXIS 263

Syllabus

<p>'Negligence — Statement of claim — Evidence—Allegata and probata— Variance.</p> <p>In an action of trespass for negligence, the fact that the testimony does not bring out every detail alleged in the statement, cannot be regarded as any violation of the rule that the proofs and the allegations must agree. The proof and allegation must not differ or contradict each other. If the testimony sustains all the material allegations of the statement, that is sufficient.</p> <p>Negligence — Damages—Charge of court.</p> <p>In an action of trespass for negligence the court cannot be convicted of error because it mentions in the charge the amount claimed in the statement, if it appears that the court also charges that the jury are not obliged to find that amount, but can find no more than that, and can find any amount near to or less than that which they may deem proper under the circumstances of the case.</p>