Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 107 |
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Page 28
... defendant was relieved of its common - law liability because of such contract , it was suggested by the court that ... defendant's counsel duly excepted . Considering all the circumstances , we think such ruling constituted reversible ...
... defendant was relieved of its common - law liability because of such contract , it was suggested by the court that ... defendant's counsel duly excepted . Considering all the circumstances , we think such ruling constituted reversible ...
Page 30
... defendant , went to work on the machine at seven o'clock the next morning and about fifteen minutes later his hand became ... defendant's motion for a new trial made upon the minutes . The action was commenced on the 6th day of December ...
... defendant , went to work on the machine at seven o'clock the next morning and about fifteen minutes later his hand became ... defendant's motion for a new trial made upon the minutes . The action was commenced on the 6th day of December ...
Page 31
... defendant's employ for about six weeks prior to the accident , was entirely familiar with the machine and the manner of operating it at the place in question , but during all of such time the cogs in question had been entirely covered ...
... defendant's employ for about six weeks prior to the accident , was entirely familiar with the machine and the manner of operating it at the place in question , but during all of such time the cogs in question had been entirely covered ...
Page 33
... defendant's liability under either of the statutes was not involved . Upon appeal to this court it was in effect ... defendant's superintendent , to be promptly replaced . Such guard was permitted to remain off the machine for eleven or ...
... defendant's liability under either of the statutes was not involved . Upon appeal to this court it was in effect ... defendant's superintendent , to be promptly replaced . Such guard was permitted to remain off the machine for eleven or ...
Page 34
... defendant's counsel that no negligence of the defendant " can be predicated upon the omission of the defendant to furnish the plaintiff a safe place in which to perform his work . * * * " And that no negligence can be predicated upon ...
... defendant's counsel that no negligence of the defendant " can be predicated upon the omission of the defendant to furnish the plaintiff a safe place in which to perform his work . * * * " And that no negligence can be predicated upon ...
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Common terms and phrases
abide the event accident Act Laws affirmed alleged amount appellant appointed AUGUST bank bond Brooklyn BROOKLYN HEIGHTS RAILROAD carrier cause of action certificate chap charge Civil Procedure claim clerk clerk's office complaint concurred contract contractor contributory negligence corporation counsel Court in favor death deceased decedent defendant defendant's direction duty employee entitled evidence ex rel executed executors fact FOURTH DEPARTMENT furnished held HIRSCHBERG injury intention intestate issue Judgment and order JULY jury Kings County liability lien Matter mechanic's lien ment mortgage motion negligence notice opinion owner parties payment person plaintiff premises proof proponent question railroad Raunheim real estate reason recover rendered respondent reversed RICH and MILLER rule SECOND DEPARTMENT SEPTEMBER Special Term statute street sufficient Supreme Court Surrogate's Court sustained testator testified thereof tion trial granted trust verdict witnesses York
Popular passages
Page 635 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
Page 699 - No carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto, or delay caused by the act of God.
Page 396 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust...
Page 144 - Where the person primarily liable on the instrument is dead, and no place of payment is specified, presentment for payment must be made to his personal representative, if such there be, and if with the exercise of reasonable diligence he can be found.
Page 524 - A court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there...
Page 193 - ... for not less than ten years prior to such transfer stood in the mutually acknowledged relation of a parent, provided, however, such relationship began at or before the child's fifteenth birthday and was continuous for said ten years thereafter...
Page 146 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 534 - That the said party of the second part covenants and agrees to and with the said party of the first part to...
Page 263 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 497 - Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability.