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Young v. New York City Railway Co.

93 N.Y.S. 1151 Court N.Y. App. Term Decision date 1905-05-29 English

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p. 1151
YOUNG, Respondent, v. NEW YORK CITY RY. CO., Appellant.
(Supreme Court, Appellate Term.
May 29, 1905.)

Headnote

Appeal from Municipal Court, Boraogit of Manhattan. Action by Samuel T. Yo-ung against the New York City Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.
William E. Weaver, for appellant.
Carruth, Ziegler & Carruth, for respondent.

We are of the opinion that none of the exceptions were well taken. The objection on page 5 of the stenographer’s minutes appears to have been made after the question had been asked and answered; and, moreover, under the circumstances disclosed by the evidence in the case, the plaintiff was entitled to recover, as one of the elements of the damages sustained by him, the amount paid by him fot a wagon to take the place of the wagon destroyed by the defendant. The evidence warrants the finding of the justice. Judgment affirmed, with costs.