New York Court of Appeals
Charles H. Hunter v. . the New York, Ontario and Western Railroad Company
December 3, 1889116 N.Y. 615
Summary
The Court reversed the judgment for the plaintiff, holding that the railroad was not negligent because the plaintiff could not have been struck by the tunnel arch given the physical dimensions involved. The Court took judicial notice of the average human height to conclude the alleged injury was physically impossible. A dissent argued that judicial notice of facts not presented at trial should not be used to overturn a verdict.