Harris v. Shebek (151 Ill. 287, 1894)

Mr. Justice Phillips

delivered the opinion of the Court:

The questions of fact as to whether the plaintiff was using due care and caution at the time of injury, and whether the defendant was guilty of negligence, are settled by the adjudications of the Circuit and Appellate Courts. The question presented as to whether the negligence proved differs from that alleged in the declaration is also a question of fact, where there is any evidence tending to support the declaration. Libby, McNeill & Libby v. Scherman, 146 Ill. 540. In the latter case it was held: