Appellate Division of the Supreme Court of New York, 1921

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

J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad
Appellate Division of the Supreme Court of New York · Decided October 15, 1921
198 A.D. 1021
J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric Railroad

Opinion of the Court

Judgment and *1022order 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.

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