J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad
This text of 198 A.D. 1021 (J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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