Lighterman v. Barrett
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Belle Lichterman against William M. Barrett, as President of the Adams Express Company, an unincorporated joint-stock association. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff has recovered a judgment for the sum of $50 for damages caused by delay on the part of the defendant in delivering a trunk. The defendant does not deny liability, but claims that the evidence as to damages does not support a judgment for $50.
[1] The complaint sets forth that “by reason of said delay the plaintiff was deprived of the use of the contents of said trunk,” and it contains no allegation of physical injury to the contents of the trunk. The evidence admitted as to physical deterioration in the contents was not within the pleadings, and, upon the defendant’s objection…
2Cases cited1 opinion
- Bridge v. New York Central & Hudson River RailroadNew York Supreme Court · 1914
3Cited by2 opinions
- Lighterman v. BarrettAppellate Terms of the Supreme Court of New York · 1916
- Lighterman v. BarrettAppellate Terms of the Supreme Court of New York · 1916