Roberts v. Graham - 73 U.S. 578 (1867)


U.S. Supreme Court

Roberts v. Graham, 73 U.S. 6 Wall. 578 578 (1867)

Roberts v. Graham

73 U.S. (6 Wall.) 578

Syllabus

1. In a suit against a common carrier for not carrying a party according to contract, the allegation of a breach "whereby the plaintiff was subjected to great inconvenience and injury" is not an allegation of special damage.

2. An objection of variance between allegation and proof must be taken when the evidence is offered. It cannot be taken advantage of after it is closed.



Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.