Reed v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Com.pany, from a judgment of the Supreme Court in favor of the plains tiff, entered in the office of the clerk of the county of New York on the 29th day of June, 1901, upon the verdict of a jury for $2,000, and,, also from an order entered in said clerk’s, office on the 12th day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages alleged to have been sustained by the plaintiff on account of the negligence of the defendant. Upon a former tidal judgment was recovered by. the plaintiff, which upon appeal was reversed by this court for error committed in the court’s charge to the jury (58 App. Div. 87). The appellant’s contention upon this appeal is that the plaintiff was permitted, under objection and exception of the defendant, to prove special damages not specifically pleaded.
It is clear that the averments of the complaint were not sufficiently specific upon the…
2Cases cited4 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Jones v. Niagara Junction Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Reed v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ramson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903