Hirschman v. Hudson-Athens Ferry Co.

In the case at bar there was no pleading of negligent operation of the ferry. The pleading set forth an alleged negligent construction. It constituted the sole issue. The law applicable to the facts at the close of the case as laid down by the court eliminated that issue from the case. The trial justice submitted two other questions of negligence and made issues of them in order to save the parties another trial. A commendable effort but not warranted as I think by the practice. (Beldner v. Schendler Realty Co., 220 App. Div. 17.) The practice which quite universally prevails at trials where…