Opinion
February, 1918.
Judgment reversed and new trial granted, costs to abide the event, on the ground that the discomfort and inconvenience to which plaintiff was put by the breach of defendant's contract was within the contemplation of the parties and a proper element of damages, and that it was error both to exclude evidence on this point and to limit the recovery to the amount which plaintiff paid for the substitute ticket. Although it seems to us that the amount of the discomfort and inconvenience was small, we cannot say that nominal damages would be compensation therefor. Jenks, P.J., Thomas, Putnam, Blackmar and Kelly, JJ., concurred.