85 N.Y.S. 363 | N.Y. App. Term. | 1903
This is an appeal by the defendant from a judgment of a Municipal Court of the City of New York.in an action tried by a jury. The' verdict was in plaintiff’s favor for $50. The
As the only damages proved by. the plaintiff arising out of the mistake of the conductor of the Lenox avenue car to give him a proper transfer was the extra five cents fare he was obliged to pay on the Amsterdam avenue car, his recovery at the trial should have been limited to that amount. He is not entitled to exemplary damages in this form of action. Eddy v. Syracuse R. T. R. R. Co., 50 App. Div. 109, 63 N. Y. Supp. 645; Monnier v. N. Y., etc., R. Co., 175 N. Y. 281, 67 N. E. 569; Fink v. A. & S. R. R. Co., 4 Lans. 147; Carleton v. Lombard, Ayres & Co., 19 App. Div. 297, 304, 46 N. Y. Supp. 120.
The judgment of the trial court should be modified so as to award to this plaintiff the sum of 5 cents damages and costs, and the judgment, as so modified, should be affirmed, with $10 costs to respondent, besides disbursements. All concur.