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ALFRED N. DE YAULUS, Appellant, v. THE NEW YORK CITY RAILWAY COMPANY, Respondent.

SCOTT, J.

The plaintiff certainly showed a disposition, both in his complaint and in his testimony, to overstate his injuries and his damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of his doctor's bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.

GIEGERICH and GREENBAUM, JJ., concur.

Judgment reversed and new trial granted, with costs to appellant to abide event.

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DE YAULUS v. NEW YORK CITY RAILWAY CO
(Feb 1, 1906)