Opinion
Gen. No. 9,628. (Abstract of Decision.)
Opinion filed May 26, 1949 Rehearing denied July 7, 1949 Released for publication July 7, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 101.5 — nonfatal variance between complaint and evidence in accident case. Under complaint in automobile accident case alleging that accident occurred at intersection of two highways, plaintiffs' evidence that they were traveling on a private roadway owned by University of Illinois was not at "fatal variance" from allegations of complaint, where roadway had been opened to general public because of football game on day of accident, and proof established true state of roadway and case was tried on that basis, and defendant's evidence would have been the same regardless of whether it had been alleged that plaintiffs were on a public highway or a private roadway (Ill. Rev. Stat. 1947, ch. 95 1/2, par. 110; Jones Ill. Stats. Ann. 85.142).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Champaign county; the Hon. GROVER W. WATSON, Judge, presiding.
Affirmed. Heard in this court at the May term, 1949.
Arthur J.B. Showalter, for appellant;
Dobbins, Dobbins Fraker, for appellees.
Not to be published in full. Opinion filed May 26, 1949; rehearing denied July 7, 1949; released for publication July 7, 1949.