BENDER v. HUTTON


279 A.D. 442 (1952)

James Bender, Plaintiff, v. Eugene Hutton et al., Defendants James Bender, Respondent, v. Eugene Hutton et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 5, 1952.


Attorney(s) appearing for the Case

Joseph May for appellants.

Louis N. Blatt for respondent.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

At the close of the trial of this case in the City Court of Buffalo without a jury, counsel stipulated that the court might view the premises. The record indicates that a view was had. As was said in Weiant v. Rockland Lake Trap Rock Co. (61 App. Div. 383, 388, affd. without opinion 174 N.Y. 509): "The method of his personal examination and the facts which he ascertained thereby do not appear upon...

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