J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad

Majority

p. 1021

The J. A. Mahlstedt Lumber and Coal Company, Respondent, v. Westchester Electric Railroad Company, Appellant.

Judgment and

p. 1022

order of the City Court of New Rochelle reversed and a new trial granted, with costs to abide the event, on the ground that evidence of loss of use of the truck was improperly admitted because not pleaded as special damage. (See Gumb v. Twenty-third Street R. Co., 114 N. Y. 411 , 414.) Blackmar, P. J., Mills, Rich, Jaycox and Manning, JJ., concur.

Cases cited

Gumb v. Twenty-third Street Railway Co. 114 N. Y. 411 N.Y. 1889-06-04 at 414 p. 1022