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 98
Page 15
... negligence on part of defendant not shown res ipsa loquitur not applicable . The plaintiff , who had purchased a ticket and entered on the elevated plat- form at one of defendant's stations , was waiting for a train when a bundle of ...
... negligence on part of defendant not shown res ipsa loquitur not applicable . The plaintiff , who had purchased a ticket and entered on the elevated plat- form at one of defendant's stations , was waiting for a train when a bundle of ...
Page 17
... negligently , and while said train was passing at such high and reckless rate of speed , threw or permitted to be ... negligence . Upon the trial the testimony offered in behalf of plaintiff was limited to the specific occasion upon ...
... negligently , and while said train was passing at such high and reckless rate of speed , threw or permitted to be ... negligence . Upon the trial the testimony offered in behalf of plaintiff was limited to the specific occasion upon ...
Page 21
... negligence is reduced to the proposition that the defendant negligently permitted this bundle to be thrown off the train . Accepting plaintiff's testimony that there was no other person on the front plat- form of the rear car save the ...
... negligence is reduced to the proposition that the defendant negligently permitted this bundle to be thrown off the train . Accepting plaintiff's testimony that there was no other person on the front plat- form of the rear car save the ...
Page 22
... negligence on the part of the defendant . The doctrine of res ipsa loquitur , it seems to me , has no application to a situation such as this case presents . That doctrine applies only where the instrumentality through which the ...
... negligence on the part of the defendant . The doctrine of res ipsa loquitur , it seems to me , has no application to a situation such as this case presents . That doctrine applies only where the instrumentality through which the ...
Page 25
... of defendant's negligence . If the defendant's guard was on the platform at the time of the accident , that fact should have been established and First Department , May , 1921 . [ Vol . KING v . INTERBOROUGH RAPID TRANSIT Co. 25.
... of defendant's negligence . If the defendant's guard was on the platform at the time of the accident , that fact should have been established and First Department , May , 1921 . [ Vol . KING v . INTERBOROUGH RAPID TRANSIT Co. 25.
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Other editions - View all
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.