Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 73 |
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Results 1-5 of 100
Page 1
... Negligence - injury from the caving in of an unsecured bank of an excavation — the master is not liable where sheathing material was provided for the foreman — the rule that the master must provide a safe place does not apply to one who ...
... Negligence - injury from the caving in of an unsecured bank of an excavation — the master is not liable where sheathing material was provided for the foreman — the rule that the master must provide a safe place does not apply to one who ...
Page 2
... negligence of the defendant , and without any fault or contributory negligence on his part . James S. Havens , for the appellant . George E. Spring , for the respondent MCLENNAN , J .: Plaintiff's intestate was killed on the 6th day of ...
... negligence of the defendant , and without any fault or contributory negligence on his part . James S. Havens , for the appellant . George E. Spring , for the respondent MCLENNAN , J .: Plaintiff's intestate was killed on the 6th day of ...
Page 5
... negligently constructs an unsafe place for another class of servants to work in , one of the first class cannot recover from the master for injuries sustained by him , caused by such negligence , while working in such place , although ...
... negligently constructs an unsafe place for another class of servants to work in , one of the first class cannot recover from the master for injuries sustained by him , caused by such negligence , while working in such place , although ...
Page 34
... Negligence - injury to a canal boatman , passing at night to his boat over a railroad on the berme bank of the canal , by reason of a car standing upon the track being bumped against him -the questions of negligence and of contributory ...
... Negligence - injury to a canal boatman , passing at night to his boat over a railroad on the berme bank of the canal , by reason of a car standing upon the track being bumped against him -the questions of negligence and of contributory ...
Page 35
... negligence and of the plaintiff's freedom from contributory negligence should have been submitted to the jury . DAVY , J. , dissented . MOTION by the plaintiff , Horace McCarty , for a new trial upon a case containing exceptions ...
... negligence and of the plaintiff's freedom from contributory negligence should have been submitted to the jury . DAVY , J. , dissented . MOTION by the plaintiff , Horace McCarty , for a new trial upon a case containing exceptions ...
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Common terms and phrases
accident agreement alleged amendment amount appellant to abide appointed assignment bank bill of lading cause of action charge Civil Procedure claim clerk Code of Civil complaint concurred contract contributory negligence corporation costs and disbursements County Court Court in favor death deceased defendant defendant's demurrer denied dissented dollars costs elevator entitled evidence ex rel executors fact Felix Agnus FOURTH DEPARTMENT granted held indictment INGRAHAM injury issue Judgment and order JUNE TERM jurisdiction jury land LAUGHLIN lease liable Madison avenue MCLAUGHLIN ment Metropolitan Street Railway mortgage motion negligence owner parties party wall PATTERSON payment person plaintiff plaintiff's intestate premises probate proceedings purchase question received respondent statute street Supreme Court surrogate Surrogate's Court sustained taxes testator testified testimony therein thereof tion trustee verdict William witnesses writ YORK ex rel York Special Term
Popular passages
Page 54 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 93 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Page 88 - ... sell all the real and personal property of such association, on such terms as the court shall direct; and may, if necessary to pay the debts of such association, enforce the individual liability of the stockholders.
Page 569 - But the plaintiff is not entitled to a judgment, establishing a lost or destroyed will, as prescribed in this article, unless the will was in existence, at the time of the testator's death, or was fraudulently destroyed in his life-time ; and its provisions are clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness.
Page 124 - Generally it is for the legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort and safety ; and while its measures are calculated, intended, convenient, and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts. But they must have some relation to these ends. Under the mere guise of police regulations, personal rights and private property cannot be arbitrarily invaded, and the determination...
Page 235 - The mayor of each city in this state shall appoint and employ suitable persons to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of such city, and for appointments and promotions therein and examinations therefor...
Page 464 - ... to any branch of the said service for duty in such position as he may be fitted to fill, receiving the same compensation therefor...
Page 121 - 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 446 - Absence without leave of any member of the police force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of said period, cease to be a member of the police force, and be dismissed therefrom without notice.
Page 121 - No employee shall be required, permitted or suffered to work in a biscuit, bread or cake bakery, or confec-tionery establishment more than sixty hours in any one week, or more than ten hours in any one day...