Dundon v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Dundon v. Interurban Street Railway Co.

87 N.Y.S. 452

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1904

StatusPublished

This text of 87 N.Y.S. 452 (Dundon v. Interurban Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dundon v. Interurban Street Railway Co., 87 N.Y.S. 452 (N.Y. Ct. App. 1904).

Pincite

Opinion

SCOTT, J.

Upon the conflicting evidence, we are not disposed to interfere with the determination of the justice as to the defendant’s liability. The judgment must, however, be reduced. By her summons, the plaintiff sued for $250. By her bill of particulars, she claimed only $240, of which $40 was claimed for items of damage which could not be recovered in this action, and as to which the justice properly refused to receive evidence. She only claimed $200 for such damages as she could properly recover. The justice, doubtless by inadvertence, awarded her the whole sum of $250, with costs.

The judgment as rendered must be reduced by $50, and, as so reduced, affirmed, without costs in this court to either party. All concur:

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SCOTT, J.

Upon the conflicting evidence, we are not disposed to interfere with the determination of the justice as to the defendant’s liability. The judgment must, however, be reduced. By her summons, the plaintiff sued for $250. By her bill of particulars, she claimed only $240, of which $40 was claimed for items of damage which could not be recovered in this action, and as to which the justice properly refused to receive evidence. She only claimed $200 for such damages as she could properly recover. The justice, doubtless by inadvertence, awarded her the whole sum of $250, with costs.

The judgment as rendered must be reduced by $50, and, as so reduced, affirmed, without costs in this court to either party. All concur:

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Bluebook (online)

87 N.Y.S. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dundon-v-interurban-street-railway-co-nyappterm-1904.