Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 48Diossy, 1883 - Law reports, digests, etc |
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Page 31
... road of a company organized and in operation under the laws of this state , and to take , transport and convey persons and property upon the said road , & c . , by implication , authorizes the erection and maintenance of necessary ...
... road of a company organized and in operation under the laws of this state , and to take , transport and convey persons and property upon the said road , & c . , by implication , authorizes the erection and maintenance of necessary ...
Page 33
... Road Company , " to whose power the defendant has succeeded , " is hereby authorized to enter upon and run their cars and engines " . . " over the road of the New York and Harlem Railroad Company " . . . and " to take , transport and ...
... Road Company , " to whose power the defendant has succeeded , " is hereby authorized to enter upon and run their cars and engines " . . " over the road of the New York and Harlem Railroad Company " . . . and " to take , transport and ...
Page 34
... road or its succes- sors in right . The argument is , that the right to run being confined to running over the road of the Harlem Railroad Company , and as far into the city as the Harlem road may extend , the incidents of that right ...
... road or its succes- sors in right . The argument is , that the right to run being confined to running over the road of the Harlem Railroad Company , and as far into the city as the Harlem road may extend , the incidents of that right ...
Page 35
... road previously used for the purpose . If it may be other real estate , then the value of the title to it is immaterial in this action . The construction of the act must be reasonable and not strained . The literal meaning of the words ...
... road previously used for the purpose . If it may be other real estate , then the value of the title to it is immaterial in this action . The construction of the act must be reasonable and not strained . The literal meaning of the words ...
Page 36
... road had pro- vided or would provide for its own business , nor to such structures as the Harlem road might voluntarily build for the purposes of defendant's business . Under these considerations the complaint should be dismissed with ...
... road had pro- vided or would provide for its own business , nor to such structures as the Harlem road might voluntarily build for the purposes of defendant's business . Under these considerations the complaint should be dismissed with ...
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Popular passages
Page 158 - 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.
Page 428 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 301 - ... to the effect that he will pay all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.
Page 343 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 345 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death.
Page 500 - ... all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof...
Page 336 - If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration...
Page 79 - That no estate or interest in lands, other than leases for a term not exceeding one year...
Page 365 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Page 347 - Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three.