Majority
p. 948(35 Misc. Rep. 304.) LEWIS v. METROPOLITAN ST. RY. CO. (Supreme Court, Appellate Term. June, 1901.) Argued before SCOTT, P. J., and BEACH and FITZGERALD, JJ.
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.
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.