Hamburger v. Cornell University

Hasbrouck, J. (dissenting in part):

I dissent from the conclusion reached by Mr. Justice Hinman and the majority of the court that the complaint in this action should be dismissed.

He has reached his conclusion upon the assumption of fact that Cornell University is a charitable and eleemosynary institution and that the plaintiff was a student at it.

The facts are that the plaintiff did not matriculate at the university but did at the State College of Agriculture. There is no relationship between these institutions except that the conduct and administration of the college is placed by law…