Auerbach v. Stein

Appellate Terms of the Supreme Court of New York

Auerbach v. Stein

162 Misc. 102, 293 N.Y.S. 545, 1936 N.Y. Misc. LEXIS 1651

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 18, 1936

StatusPublished

This text of 162 Misc. 102 (Auerbach v. Stein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Auerbach v. Stein, 162 Misc. 102, 293 N.Y.S. 545, 1936 N.Y. Misc. LEXIS 1651 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

It was error for the trial court not to consult the offered almanac for the purpose of refreshing the memory of the court and jury as to the time of sunset on the day of the accident, and to take judicial notice of such time as therein stated. As with the other proof plaintiff had thus made out a case which entitled her to go to the jury, it was error to grant defendant’s motion for nonsuit.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present —■ Lydon, Levy and Hammer, JJ.

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Per Curiam.

It was error for the trial court not to consult the offered almanac for the purpose of refreshing the memory of the court and jury as to the time of sunset on the day of the accident, and to take judicial notice of such time as therein stated. As with the other proof plaintiff had thus made out a case which entitled her to go to the jury, it was error to grant defendant’s motion for nonsuit.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present —■ Lydon, Levy and Hammer, JJ.

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Bluebook (online)

162 Misc. 102, 293 N.Y.S. 545, 1936 N.Y. Misc. LEXIS 1651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auerbach-v-stein-nyappterm-1936.