Lewis v. Flint & Pere Marquette Railway Co.

Cooley, O. J.

The court having in this case determined that the substantial damages for which the plaintiff claimed to recover were too remote, the defendant moves for final judgment. It is conceded that under the opinion of this-Court the plaintiff had a technical right of action, and that the court below erred in holding otherwise; but the motion is grounded on the principle, well established in this Court, that where the case is such that on a new trial the party com*639plaining of error would be entitled to recover nominal damages only, which would not carry costs (Strong v. Daniels 3 Mich.…