St. Louis, A. & T. R'y Co. v. Pickens
St. Louis, A. & T. R'y Co. v. Pickens
Opinion of the Court
Opinion by
§ 85. Pleading and evidence; variance in, held immaterial; value of animal, when the measure of damages claimed, must be proved. Appellee recovered judgment against appellant for $165 damages for one cow and one calf, alleged to have been killed by appellant’s engine and train. Appellee’s petition alleged that the calf was an Ayrshire calf, and the evidence showed it was three-fourths Ayrshire and one-fourth Durham. This was not a material variance between allegation and proof. This is the second appeal in this case. On the former appeal the judgment was reversed because there was not sufficient proof of the value of the calf. On this appeal the judgment must be reversed for the same cause. It appears from the evidence that at the place where the calf was killed there was no market for such animals, but
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.