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Auerbach v. Stein

Supreme Court, Appellate Term, First Department
Dec 18, 1936
162 Misc. 102 (N.Y. App. Term 1936)

Opinion

December 18, 1936.

Appeal from the Municipal Court of City of New York, Borough of Manhattan, Seventh District.

Isidore A. Blanch, for the appellant.

Goldwater Flynn, for the respondent.


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.


Summaries of

Auerbach v. Stein

Supreme Court, Appellate Term, First Department
Dec 18, 1936
162 Misc. 102 (N.Y. App. Term 1936)
Case details for

Auerbach v. Stein

Case Details

Full title:FANNIE AUERBACH, Appellant, v. ETTA STEIN, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 18, 1936

Citations

162 Misc. 102 (N.Y. App. Term 1936)
293 N.Y.S. 545