Opinion

Hunter v. N. Y., Ontario & Western R. Co.

  • 116 N.Y. 615
  • 27 N.Y. St. Rep. 729
  • 23 N.E. 9
  • 1889 N.Y. LEXIS 1375
Court
New York Court of Appeals
Filed
Dec 3, 1889
Status
Published
Author
Vann
On the bench
Brown, Vann
Cited by
51 cases

The opinion

Bradley and Vann, JJ.,

dissent for the reason that the ground upon which Judge_ Brown founds his conclusion was not specifically raised at the trial, and it does not necessarily appear that it might not have been obviated if it had been so raised there; and that in such case judicial notice of a fact, upon which no evidence was given or point made on the trial, should not be taken for the purpose of reversing a judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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