Aberhall v. Roach

By the Court. Ingraham, First J.

This action was for damages occasioned by negligently driving against the plaintiff’s wagon, whereby the plaintiff’s wagon and the horse of the plaintiff were injured. A question was put to a witness whether the plaintiff hired another horse % which was admitted under exception. No special damages were claimed in the complaint. ■

This question should not have been allowed. It was immaterial. It neither tended to show the defendant’s negligence nor the injury to the plaintiff’s property. It is suggested that it is no ground of objection, because it is proven that…