Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 79 |
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Results 1-5 of 100
Page 5
... defendant , of which the front walls stand on the line of Willoughby avenue . While in face of the covenant the burden is upon the defendant , it is significant that the plaintiff , in answer to the defendant's evi- dence , has not ...
... defendant , of which the front walls stand on the line of Willoughby avenue . While in face of the covenant the burden is upon the defendant , it is significant that the plaintiff , in answer to the defendant's evi- dence , has not ...
Page 8
... defendant's building was flush with the faces of the other buildings . Again , Willett testified that the excavation extended three and a half feet beyond the area line toward the curb . The defendant's superintendent , O'Reilly ...
... defendant's building was flush with the faces of the other buildings . Again , Willett testified that the excavation extended three and a half feet beyond the area line toward the curb . The defendant's superintendent , O'Reilly ...
Page 27
... defendant's tracks ; that the foundry com- pany maintained an engine for shifting cars about its yards , and that it was customary for the engine of one of the defendant's trains to run into such yard each working day and to take out ...
... defendant's tracks ; that the foundry com- pany maintained an engine for shifting cars about its yards , and that it was customary for the engine of one of the defendant's trains to run into such yard each working day and to take out ...
Page 28
... defendant railroad company made arrange- ments with the Ramapo Company , by which the former constructed or superintended the construction of an elaborate system of switches in the yards of the latter , connecting with the defendant's ...
... defendant railroad company made arrange- ments with the Ramapo Company , by which the former constructed or superintended the construction of an elaborate system of switches in the yards of the latter , connecting with the defendant's ...
Page 30
... defendant's servants for any purpose . BARTLETT , J. , who wrote in the McInerney case , says in a concurring opinion in Hallett v . N. Y. C. & H. R. R. R. Co. ( 167 N. Y. 543 , 547 ) that " In that case the defendant company loaned an ...
... defendant's servants for any purpose . BARTLETT , J. , who wrote in the McInerney case , says in a concurring opinion in Hallett v . N. Y. C. & H. R. R. R. Co. ( 167 N. Y. 543 , 547 ) that " In that case the defendant company loaned an ...
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Popular passages
Page 18 - ... the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned.
Page 397 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 585 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 183 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 632 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 200 - ... shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct Section 3.
Page 256 - A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded.
Page 376 - ... and issue stock to the amount of the value thereof in payment therefor, and the stock so issued shall be...
Page 19 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 20 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.