Bender v. Hutton

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 the record, but must necessarily have been influential factors in his decision; and unless such decision is at variance with uncontradicted evidence, we may not disturb it.”

Section 56 of the…