Illinois Supreme Court October 26, 1908 (Gathman v. City of Chicago)

Mr. Justice Hand

delivered the opinion of the court:

It is first contended that there was a fatal variance between the declaration and the proof in this: that the declaration charged that O’Connor was the employee of the city responsible for the accident which caused the injury of appellee, while the evidence showed that O’Connor was not present at the time of the accident, but that the actual