SMITH, J.
This is an automobile accident case. The plaintiff had jury verdict and judgment. In our Court defendant primarily urges a fatal variance between pleadings and proofs.
The accident occurred about 2 in the afternoon of a March day in a rural area. The roads were clear in the center, with slush on the outer sides. At the place of the accident, Meauwataka road, an east-west highway between 17 and 18 feet in width, is intersected on the south side only...
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