J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad

Appellate Division of the Supreme Court of New York

J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad

198 A.D. 1021

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1921·Published

Opinion

Evidence as to damage in consequence of the loss of use of the truck was improperly admitted, because not pleaded as special damage. This error could not be cured by an amendment of the complaint after decision. (Ward v. Bronson, 126 App. Div. 508, 510.) The order of the City Court of New Rochelle is, therefore, reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Blaekmar, P. J., Mills, Rich, Jayeox and Manning, JJ., concur.

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Evidence as to damage in consequence of the loss of use of the truck was improperly admitted, because not pleaded as special damage. This error could not be cured by an amendment of the complaint after decision. (Ward v. Bronson, 126 App. Div. 508, 510.) The order of the City Court of New Rochelle is, therefore, reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Blaekmar, P. J., Mills, Rich, Jayeox and Manning, JJ., concur.

J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad, 198 A.D. 1021 (N.Y. Ct. App. 1921).

Pincite

198 A.D. 1021 (J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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