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162 Misc. 102

Auerbach v. Stein

Appellate Terms of the Supreme Court of New York · decided 1936-12-18

Decided 1936-12-18

Per Curiam.

¶1It 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.

¶2Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

¶3All concur. Present —■ Lydon, Levy and Hammer, JJ.

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