Lee v. Metropolitan Street Railway Co. — 60 N.Y.S. 1141

Majority

p. 1141

LEE, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.

(City Court of New York,

General Term.

November 16, 1899.)

Headnote

Action by Patrick Lee against the Metropolitan Street-Railway Company. There was a judgment for plaintiff, and defendant appeals.

Affirmed.

H. A. Robinson and John T. Little, for appellant.

G. H. McAdam and W. O. Miles, for respondent.

The appellant has argued only the questions of law, consisting of exceptions taken to the admission of evidence upon the trial, and claims that special damages, not alleged, were allowed to be proven. We have carefully examined the record, and find no merit in the exceptions. The complaint seems broad enough to comprehend every item of damage proved to or recovered. The verdict is moderate in amount, and, there being no error, the judgment and order appealed from must be affirmed, .with costs.

CONLAN, J., concurs.