
    FRANKLIN E. CLEMONS, Respondent, v. WASHINGTON DAVIS, Appellant.
    
      False impiisanment—Special damages—when must he alleged—Amendments — when allowed.
    
    This action was brought to recover damages for the false imprisonment of the plaintiff by the defendant. Upon the trial, the plaintiff was allowed to prove the effect of his arrest upon his business, although no special damages were alleged in the complaint. Held, that the judgment would not be reversed for this error; that as special damages do not constitute a distinct cause of action, but only tend to increase the recovery, that the complaint could be amended at the trial by adding the necessary allegations, and that the General Term would, in furtherance of justice, consider it so amended.
    
    Appeal from a judgment in favor of the plaintiff, entered, upon, the verdict of a jury.
    
      J. L. Baker, for the appellant.
    
      King & Montgomery, for the respondent.
    
      
       Van Ness v. Bush, 14 Abb., 33 ; Bowdoin v. Colman, 6 Duer, 183; Bate v. Graham, 11 N. Y., 237.
    
   Opinions by

Learned, P. J., and James, J.

Present—.Learned, P. J., Boardman and James, JJ.

James, J.,

dissented.

Judgment affirmed.  