US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

STANDARD OIL CO. V. BROWN, 218 U. S. 78 (1910)

Subscribe to Cases that cite 218 U. S. 78 RSS feed for this section

U.S. Supreme Court

Standard Oil Co. v. Brown, 218 U.S. 78 (1910)

Standard Oil Co. v. Brown

No. 168

Argued April 22, 25,1910

Decided May 31, 1910

218 U.S. 78


While the pleadings and proofs should correspond, a rigid exactitude is not required, and no variance should be regarded as material where the allegation and proof substantially correspond.

Even if there is a variance between declaration and proof, if, as in this case, defendant is not misled, makes no objection to plaintiff's proof but replies to it by testimony of like kind, is familiar with the facts, does not indicate the variance and does not move for continuance, the variance cannot be regarded as fatal.

The extent of the knowledge of a defendant employer as to the use made of appliances by an employee by whose act another employee is injured, and the conclusions to be drawn therefrom, are questions for the jury, and cannot be reviewed here.

The substitution of "would" for "could" in an instruction to the jury in this case held not to have affected the minds of the jurors.

In this case, there was no reversible error because the court did not impress upon the jurors the fact that interest may affect credibility of witnesses, and quaere whether a party testifying exercises a privilege which may be emphasized as affecting his credibility.

31 App.D.C. 371, affirmed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 218 U. S. 81

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™