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

> New York Court of Appeals · December 3, 1889 · 116 N.Y. 615

URL: https://www.frixlaw.com/law-library/cases/9867039

## Case

- **Full name:** Charles H. Hunter v. . the New York, Ontario and Western Railroad Company
- **Court:** New York Court of Appeals
- **Decided:** December 3, 1889
- **Citations:** 116 N.Y. 615; 27 N.Y. St. Rep. 729; 23 N.E. 9; 1889 N.Y. LEXIS 1375
- **Precedential status:** Published
- **Opinion:** Dissent by Vann
- **Judges:** Brown, Vann
- **Cited by:** 51 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9867039

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9867039. Public record. Not legal advice.