Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 197 |
From inside the book
Results 1-5 of 100
Page 5
... charge is or , owing to her age at the time , could be made . It follows that the order and judgment should be affirmed , with costs . CLARKE , P. J. , DOWLING , MERRELL and GREENBAUM , JJ . , concur . Judgment and order affirmed , with ...
... charge is or , owing to her age at the time , could be made . It follows that the order and judgment should be affirmed , with costs . CLARKE , P. J. , DOWLING , MERRELL and GREENBAUM , JJ . , concur . Judgment and order affirmed , with ...
Page 15
... charge it with responsibility , and furthermore the defendant had done all that it could be expected to do to prohibit the throwing of bundles from trains . There was no proof that defendant's train approached the platform in question ...
... charge it with responsibility , and furthermore the defendant had done all that it could be expected to do to prohibit the throwing of bundles from trains . There was no proof that defendant's train approached the platform in question ...
Page 20
... charge of the third train which skipped the station stop at Eighteenth street at the time in question , was called to testify that no accident had been seen or reported by him . He also testified to his knowledge of the rules and as to ...
... charge of the third train which skipped the station stop at Eighteenth street at the time in question , was called to testify that no accident had been seen or reported by him . He also testified to his knowledge of the rules and as to ...
Page 21
... charged with having thrown the bundle , the sole theory of its liability must be that it was guilty of some ... charge it with responsibility . There was not the slightest effort made to prove that this was actually done or that ...
... charged with having thrown the bundle , the sole theory of its liability must be that it was guilty of some ... charge it with responsibility . There was not the slightest effort made to prove that this was actually done or that ...
Page 24
... charge of two such bundles will be permitted to ride on the front platform of the rear car of each train and another carrier with two bundles permitted to ride on the rear platform of the car next to the rear car . * * * 6. The bundles ...
... charge of two such bundles will be permitted to ride on the front platform of the rear car of each train and another carrier with two bundles permitted to ride on the rear platform of the car next to the rear car . * * * 6. The bundles ...
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Common terms and phrases
agreement alimony alleged amended amount appellant attorney bill of lading cause of action chap charge Civil Procedure claim claimant CLARKE clerk Code of Civil Commission complaint concur contract corporation costs and disbursements counsel damages death deceased defendant defendant's delivery demurrer denied dismissed dollars costs Dowling employer entitled evidence ex rel executed executors fact Fourth Department granted held Impleaded income injury Insurance interest issue Judgment and order July June jury Kentucky Derby Laughlin lease liable Lincoln Motor Company Matter ment Merrell and Greenbaum mortgage motion negligence opinion Order affirmed Order reversed paid parties payment person plaintiff premises proceedings purchase question reason received recover reference res adjudicata Respondent Second Department statute subd Supreme Court Surrogate's Court ten dollars costs tenant testator thereof Third Department trial truck verdict
Popular passages
Page 285 - The lands of the State, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.
Page 26 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 834 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 833 - A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Page 894 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 631 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under whom he claims, acquired the title as a holder in due course.
Page 815 - Immediately after such filing the commission shall send to the parties a copy of the decision. Upon a hearing pursuant to this section either party may present evidence and be represented by counsel. The decision of the commission shall be final as to all questions of fact, and, except as provided in section twenty-three, as to all questions of law.
Page 704 - Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the...
Page 746 - The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to...
Page 631 - That the instrument is genuine and in all respects what it purports to be. 2. That he has a good title to it. 3. That all prior parties had capacity to contract. 4. That he has no knowledge of any fact which would Impair the validity of the instrument or render it valueless.