Watson v. Duncan

Gaynor, J.:

This case on appeal is presented to me to be ordered on file. It purports to be settled by stipulation. A case on appeal cannot be settled by stipulation. It must be settled by the trial judge. I cannot settle this case in its present form. The appeal is from a judgment where the court dismissed the complaint on the evidence. The action was to recover damages for personal injuries. A case on appeal should contain no evidence not material to the question to be raised thereby. Yet this case contains even the evidence of the physician of the extent of the injuries. Is it supposed that…