Keely v. Gruberger

Judgment and order affirmed, with costs, on the ground that the error assigned, to wit, that the verdict is excessive, cannot he raised on the point indicated by the appellant, namely, that the amount to bo expended for an operation for the infant’s cure should have been included in the infant’s judgment, since the ease was tried without objection on the theory that that was an expense to be borne by the father. Present — Clarke, P. J., Dowling, Morrell, McAvoy and Burr, JJ.