Greenberg v. Western Turf Assn.
California Supreme Court
The facts are stated in the opinion of the court. D. E. Alexander, C. F. Gardner, and W. S. Goodfellow, for Appellant. The court erred in permitting the defendant to prove any other acts of exclusion from the race-track not alleged in the complaint. No special damages are alleged, and only the proximate actual damage for the act complained of can be recovered.
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The facts are stated in the opinion of the court. D. E. Alexander, C. F. Gardner, and W. S. Goodfellow, for Appellant. The court erred in permitting the defendant to prove any other acts of exclusion from the race-track not alleged in the complaint. No special damages are alleged, and only the proximate actual damage for the act complained of can be recovered. (Treadwell v. Whittier, 80 Cal. 579;1 Stevenson v. Smith, 28 Cal. 103;2 Potter v. Froment, 47 Cal. 165; Chitty’s Pleadings, 16th Am. ed. 348; 2 Greenleaf on Evidence, sec. 254.) Remote and speculative injury to the plaintiff’s business…
1Opinion of the CourtHenshaw, J.
Defendant was the proprietor of a race-track known as the Tanforan Race-track, and was giving races to which the public was admitted. Plaintiff pleads that on the fifth day of December, 1899, he purchased a ticket of admission to the race-track, presented it to defendant, demanded admission, and his demand was refused. He pleads that he is, and was “on and prior to said 5th day of Decem her, A. D. 1899, engaged in the business of printing and publishing a publication entitled ‘Daily Racing Form,’ which is, and was, a paper devoted to giving to the general public information and news…
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