Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 62Banks & Bros., 1890 |
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Page 23
... cause of the plaintiff's injury was the act of Davis , who drove the wagon against the bracket and pushed it from its proper position and caused the platform to be in a dangerous condition until it was repaired . It is contended by the ...
... cause of the plaintiff's injury was the act of Davis , who drove the wagon against the bracket and pushed it from its proper position and caused the platform to be in a dangerous condition until it was repaired . It is contended by the ...
Page 24
... cause of the accident , and not the faulty manner in which the platform was constructed , if it was faulty at all ; and that such defect in construction was merely one of the incidents in the train of circumstances preceding and ...
... cause of the accident , and not the faulty manner in which the platform was constructed , if it was faulty at all ; and that such defect in construction was merely one of the incidents in the train of circumstances preceding and ...
Page 25
... cause of an injury when it consists of such an act or omission on the part of a responsible human being , as in ordinary and natural sequence immediately results in such injury . " Again , he says ( § 78 ) : " Nor when we scrutinize the ...
... cause of an injury when it consists of such an act or omission on the part of a responsible human being , as in ordinary and natural sequence immediately results in such injury . " Again , he says ( § 78 ) : " Nor when we scrutinize the ...
Page 26
... cause of the injury ; and ( 2 ) that in an action for an injury the courts cannot go back of the proximate cause , and as between other causes preceding that , select one rather than another upon which to permit a recovery . ( See ...
... cause of the injury ; and ( 2 ) that in an action for an injury the courts cannot go back of the proximate cause , and as between other causes preceding that , select one rather than another upon which to permit a recovery . ( See ...
Page 27
... cause of the accident . The court , however , did charge the jury that the plaintiff claims that the road for teams to use when loaded with coal going to and from the chute , which loaded the coal into the wagon , was defect- ively ...
... cause of the accident . The court , however , did charge the jury that the plaintiff claims that the road for teams to use when loaded with coal going to and from the chute , which loaded the coal into the wagon , was defect- ively ...
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Common terms and phrases
affidavit alleged amended amount appellant application appointed assessment assignment authority Bank bond Byron G cause of action Civil Procedure claim clerk commissioners complaint concurred contract corporation costs and disbursements costs to abide court creditors damages Dansville death debt debtor deceased DECEMBER TERM defendant defendant's demurrer dollars costs duty Dykman entered entitled evidence ex rel execution executors fact FEBRUARY TERM FIFTH DEPARTMENT foreclosure FOURTH DEPARTMENT George Belknap granted held HUN-VOL IMPLEADED injury intention interest JANUARY TERM judge Judgment affirmed jury land legislature liable lien Matter ment mortgage motion objection Onondaga county Order affirmed owner paid party payment plaintiff possession premises proceedings provisions question Railroad Company reason received recover referee Respondent rule SECOND DEPARTMENT Seneca Nation Special Term statute street testator thereof tion trial trustee Westchester county wife York York ex rel
Popular passages
Page 133 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 547 - In any matter relating to this insurance, no person, unless duly authorized in writing, shall be deemed the agent of this company.
Page 519 - The conclusion to be deduced from the authorities is, that where power is given to public officers in the language of the act before us, or in equivalent language, whenever the public interest or individual rights call for its exercise, the language used, though permissive in form, is, in fact, peremptory.
Page 72 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 27 - To the refusal of the court to charge as requested, and to the charge as given, the prisoner excepted.
Page 513 - Where the facts can be placed before a jury, and they are of such a nature that jurors generally are just as competent to form opinions in reference to them and draw inferences from them as witnesses, then there is no occasion to resort to expert or opinion evidence.
Page 556 - ... be recovered in an action brought by the attorney-general in the name of the people of...
Page 66 - And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons, upon whom the same were to be levied.
Page 11 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 324 - Act (Laws 1882, chap. 410, § 55) provides a.follows : '•Any person holding office, whether by election or appointment, who shall, during his term of office, accept, hold or retain any other civil office of honor, trust, or emolument, under the government of the United States...