Trepanier v. Toledo & Ohio Central Railway Co.

Citations

• 102 Ohio St. (N.S.) 69

Syllabus

<p>Evidence — Judicial notice — Constructive knowledge essential, when — Effect of specific admissions in pleading — Federal control of railroads.</p> <p>1. A court will not take judicial notice of any fact which is in part dependent upon the existence or non-existence of a fact of which ■the court has no constructive knowledge.</p> <p>2. Evidence will not be received upon the trial sustaining or controverting a fact admitted by the pleadings, where the establishment of such fact, but for the admission, would require proof of the existence or non-existence of some other fact of which the court has no constructive knowledge.</p> <p>3. Where in a suit against a railway company, growing out of a personal injury sustained during the period the transportation systems of the country were under “Federal control,” the railway company by answer admits “that it is and was at all times” in the petition mentioned “á corporation duly organized and existing under and by virtue of the laws of the state of Ohio, owning and operating a line of railway extending” through the station mentioned in the petition, and admits that at the time and place alleged in the petition plaintiff “was struck by a * * * train of defendant and injured,” the court will not take judicial notice that such admissions were not true.</p>