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action affirmed agreed agreement alleged amount answer Appeal application Argued attorney authority Bank building cause Cent charge claim Code Company complaint concur condition consideration construction contract corporation costs counsel damages defendant defendant's delivered denied Department determine directed easements effect entered entitled evidence executed fact follows further given granted ground held intention interest issue judgment jury land liability matter ment mortgage motion N. Y. Supp negligence Note.—For notice November number In Dec operation opinion owner paid party payment person plaintiff pleadings premises present proceeding purchase question railroad reason received recover relator Rep'r Indexes respondent reversed rule Special statute street Supreme Court Term thereof tion topic trial trust wife York City
Side 90 - 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 defendant that the accident arose from want of care.
Side 221 - 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.
Side 71 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Side 726 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Side 291 - ... (a) Be contrary to the provisions of this act. (b) In any wise impair his obligation to exercise that degree of care in the safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.
Side 355 - The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated.
Side 637 - June, in the year one thousand eight hundred and eighty, before me personally came and appeared George Bell, Frederic C. Bartlett and Gilbert T. Sewall to me known and known to me to be the...
Side 72 - December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature.
Side 552 - A person employing or directing another to perform labor of any kind in the erection, repairing, altering or painting of a house, building or structure shall not furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper, and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.