Mauro v. Ruckert

It was improper to admit evidence of the plaintiff wife’s claimed loss of sensation in her left leg and to permit recovery therefor, since no claim of such condition was set forth in her bill of particulars, and since no evidence was adduced at the trial that such loss of sensation necessarily and immediately flows from any of the injuries which were set forth in said bill (cf. Kleiner v. Third Ave. R. R. Co., 162 N. Y. 193; Long v. Fulton Contr. Co., 133 App. Div. 842; Fulford v. Linch, 168 App. Div. 70; Page v. President, etc., Delaware & Hudson Canal Co., 76 App. Div. 160; Brett v. Simon,…