New York Supreme Court October 1, 1867 (Baldwin v. United States Telegraph Co.)

*512By the Court,

Potter, J.

The questions to be decided,here do not call for an adjudication upon the merits, or upon the rule of damages, if the plaintiffs’ pleading shall be sustained; but the.questions are strictly such as shall test the pleadings we have specified in the -statement of the case; and, ' ' .

First. As to the sixth answer of the defendants. In testing .