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