Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 33 |
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Side 17
... jury , and also from an order bearing date the 15th day of December , 1897 , and entered in said clerk's office denying the plaintiffs ' motion for a new trial made upon the minutes . The plaintiffs bring this action to recover damages ...
... jury , and also from an order bearing date the 15th day of December , 1897 , and entered in said clerk's office denying the plaintiffs ' motion for a new trial made upon the minutes . The plaintiffs bring this action to recover damages ...
Side 19
... jury , among which requests was one to the effect that , upon all the evidence in the case , the jury was at liberty to find that the defendant was guilty of negligence which caused the accident , and that the deceased FOURTH DEPARTMENT ...
... jury , among which requests was one to the effect that , upon all the evidence in the case , the jury was at liberty to find that the defendant was guilty of negligence which caused the accident , and that the deceased FOURTH DEPARTMENT ...
Side 20
... jury , and especially in refusing to sub- mit the question involved in the request just referred to . The case , it is true , does not disclose precisely what measures were taken by either occupant of the buggy to avoid a collision with ...
... jury , and especially in refusing to sub- mit the question involved in the request just referred to . The case , it is true , does not disclose precisely what measures were taken by either occupant of the buggy to avoid a collision with ...
Side 23
... jury and its motion to set aside the verdict rendered by the jury . In December , 1890 , Charles H. Blakeslee and Melville F. Brown of Rochester , N. Y. , who were doing business under the firm name of " The Rochester Transportation ...
... jury and its motion to set aside the verdict rendered by the jury . In December , 1890 , Charles H. Blakeslee and Melville F. Brown of Rochester , N. Y. , who were doing business under the firm name of " The Rochester Transportation ...
Side 25
... jury were all answered by them in the affirmative . Subse- quently the case came on for trial at an Equity Term , at which time a motion was made for a new trial upon all the issues , which was denied , and the trial was continued ...
... jury were all answered by them in the affirmative . Subse- quently the case came on for trial at an Equity Term , at which time a motion was made for a new trial upon all the issues , which was denied , and the trial was continued ...
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Vanlige uttrykk og setninger
A. S. Holmes affidavit agreement alimony alleged amended amount appellant application appointed assignment attorney AUGUST TERM authority bank Brewster & Co cause of action charge charter Civil Procedure claim clerk commissioners Company complaint concurred contract contributory negligence corporation costs and disbursements creditors damages deceased deed defendant defendant's denied DIV.-VOL dollars costs duty entitled evidence ex rel execution fact firm FOURTH DEPARTMENT granted held Impleaded injury intention Judgment affirmed JULY TERM jury justices Kings County Legislature liability Matter mayor ment mortgage motion negligence OCTOBER TERM opinion Order affirmed Order reversed paid partnership party payment person plaintiff police premises proceedings question reason received recover referred Respondent rule RUMSEY SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court ten dollars costs testator thereof tion trial trustee verdict XXXIII York YORK ex rel
Populære avsnitt
Side 176 - The court said 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 174 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Side 532 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Side 482 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Side 97 - Commonwealth that no private action, unless authorized by express statute, can be maintained against a city for the neglect of a public duty imposed upon it by law for the benefit of the public, and from the performance of which the corporation receives no profit or advantage.
Side 192 - CD, of &.C., my true and lawful attorney, for me, and in my name...
Side 69 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Side 102 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Side 494 - No gift, grant, or devise to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the Laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same.
Side 205 - ... except for incompetency or misconduct shown after a hearing upon due notice upon stated charges, and with the right to such employee or appointee to a review by a writ of certiorari.