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Lewis v. Metropolitan St. Ry. Co.

71 N.Y.S. 948 Court N.Y. App. Term English

Contents

Majority

p. 948
(35 Misc. Rep. 304.)
LEWIS v. METROPOLITAN ST. RY. CO.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

^Municipal Court—Removal op Cause.
Where a complaint in an action for personal injuries brought in the municipal court of New York City asked judgment for $245, with interest from a stated time, and the interest, if allowed, would make the damages -exceed $250 at the time when a removal to the city court was asked, the •order of removal was properly given.
Appeal from municipal court, borough of Manhattan, Third district. ,
Action by Mary P. Lewis against the Metropolitan Street-Railway Company. From an order removing the case to the city court, plaintiff appeals. Affirmed.
Argued before SCOTT, P. J., and BEACH and FITZGERALD, JJ.
Lewis & Harmstad, for appellant.
H. A. Robinson, for respondent.

In the complaint the plaintiff demands “judgment .for two hundred and forty-five dollars, with interest from the 1st day • of June, 1900.” The action being for personal injuries, the jury may award the interest when demanded, if it should see fit. Its demand brought the claim beyond the sum of $250, and the order of removal is correct. Order affirmed, with $10 costs.