Haszlacher v. Third Avenue Railroad

Appeal from a j udgment entered upon a verdict and from an order denying a motion for a new trial. The action was for *1002damages for an injury alleged to have been caused by defendant’s negligence. The only questions before us on this appeal are: (1) Whether'the jury are allowed to consider an element of damage which was not proved; (2) whether error was committed in the charge. Under the first head it does not appear that there was any direct testimony to the effect that the shoulder was dislocated. The defendant says “he was unable to use the right arm,” and upon the motion to strike out this…