Charles H. Hunter v. . the New York, Ontario and Western Railroad Company

Summary

The New York Court of Appeals reversed the lower court's judgment and remanded for a new trial, holding that the plaintiff could not have been struck by the tunnel arch because the physical dimensions made such a collision impossible. The court took judicial notice of the average human height and concluded that negligence was not established. A dissent argued that judicial notice should not be used where the fact was not raised at trial.