Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 86 |
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Results 1-5 of 100
Page 5
... jury instructed to disregard it ; if he neglects to do this he cannot raise upon appeal the question whether the entire conversation was admissible in evidence . APPEAL by the defendant , George W. Bushnell , from a judgment of the ...
... jury instructed to disregard it ; if he neglects to do this he cannot raise upon appeal the question whether the entire conversation was admissible in evidence . APPEAL by the defendant , George W. Bushnell , from a judgment of the ...
Page 16
... jury may infer negligence on their part , " as the effect of the charge was to instruct the jury that the presumption of negligence on the part of the defendants was conclusive notwithstanding the evidence offered by the defendants to ...
... jury may infer negligence on their part , " as the effect of the charge was to instruct the jury that the presumption of negligence on the part of the defendants was conclusive notwithstanding the evidence offered by the defendants to ...
Page 22
... jury might have inferred that it was done with the knowledge of the chief engineer of the gas company , who was its authorized agent daily in charge of supervising the work , and there is also express evidence that this departure from ...
... jury might have inferred that it was done with the knowledge of the chief engineer of the gas company , who was its authorized agent daily in charge of supervising the work , and there is also express evidence that this departure from ...
Page 26
... jury may take into consideration the fact that experience teaches that water tanks , if properly con- structed , do not break without adequate cause . And if the jury find that there is no evidence of external violence or other adequate ...
... jury may take into consideration the fact that experience teaches that water tanks , if properly con- structed , do not break without adequate cause . And if the jury find that there is no evidence of external violence or other adequate ...
Page 27
... jury by a fair preponderance of evidence that the accident was caused by the negligence of the defendant and the jury are to solve that question in the light of the presumption in favor of the plain- tiff in the first instance and the ...
... jury by a fair preponderance of evidence that the accident was caused by the negligence of the defendant and the jury are to solve that question in the light of the presumption in favor of the plain- tiff in the first instance and the ...
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Common terms and phrases
alleged amount appellant attorney authority bank BARTLETT cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioners complaint concurred contract corporation costs and disbursements counsel Court in favor court of equity creditors damages death deceased defendant defendant's denied directed dollars costs entered entitled evidence ex rel executor fact FOURTH DEPARTMENT GOODRICH held Henry Whitmore HIRSCHBERG Impleaded issue JENKS and HOOKER Judgment and order JULY TERM jury Kings County lien Matter ment mortgage motion Narrowsburg negligence opinion Order affirmed owner paid parties payment petitioner plaintiff premises proceeding proof question real estate reason received recover referred relator respondent reversed rule SECOND DEPARTMENT Special Term statute supra Supreme Court Surrogate's Court testator testified thereof tion town of Hempstead trial trust verdict wife witness WOODWARD York
Popular passages
Page 171 - ... vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 476 - ... shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract...
Page 288 - ... shall be deemed a transfer taxable under the provisions of this chapter in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 289 - When property is transferred in trust or otherwise and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged, a tax shall be imposed upon...
Page 347 - But every one has a right to demand that lie be governed by general rules; and a special statute which, without his consent, singles his case out as one to be regulated by a different law from that which is applied in all similar cases, would not be legitimate legislation, but would be such an arbitrary mandate as is not within the province of free government.
Page 363 - For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence enabsence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning...
Page 141 - ... shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 706 - Whenever any person or corporation shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 445 - ... witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 353 - Persons who actually abandon their wives or children, without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means ; 2.