Harry v. Dobler

1 Citing case

  1. City Trust Sav. Bank v. City of Kankakee

    254 Ill. App. 489 (Ill. App. Ct. 1929)   Cited 1 times

    The allegations of the declaration and the proof must correspond, in order to maintain a right of recovery. Wabash R. Co. v. Billings, 212 Ill. 37-39; Feder v. Midland Casualty Co., 316 Ill. 552-559; Hardy v. Dobler, 248 Ill. App. 361 -369. It might be observed, however, that if the declaration had charged that the pit in question extended into Entrance Avenue, the evidence fails to show that that was the proximate cause of the injury. Plaintiff's intestate did not fall into the pit, but entered it voluntarily.