24 N.Y.S. 976 | N.Y. Sup. Ct. | 1893
The action in this case was to recover damages for breach of warranty in sale of a horse. The plaintiff recovered in the justice’s court to the extent of $38.75 damages, but the county court reversed the judgment, upon the ground that evidence of the plaintiff himself as to the cost of the use of another horse to favor the one in question was improperly received on- the question of damages. 27o claim, however, was made by the plaintiff for any 'special damages of this character, nor was the objection taken that it was not proper on the question of damages. Both parties appeared by counsel, and it is quite clear that both sides understood what the correct rule of damages was. From the whole-
The counsel for defendant suggests that errors sufficient to call for a reversal were made by the justice in other rulings on the subject of value. We think not. We think that substantial justice was done in the justice’s court, and that no errors were made that were sufficient to call for a reversal. Code, § 3063; Davison v. Luckman, (Sup.) 18 N. Y. Supp. 663; Jackson v. Collins, (Sup.) 16 N. Y. Supp. 651; Lockwood v. Lockwood, (Sup.) 14 N. Y. Supp. 831.
Judgment of the county court reversed, and that of the justice affirmed, with costs to the appellant.