Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 189 |
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Results 1-5 of 100
Page 33
... jury . APPEAL by the defendant , George Burns , from an order of the Supreme Court , made at the Schuyler Special Term and entered in the office of the clerk of the county of Schuyler on the 28th day of September , 1918 , granting ...
... jury . APPEAL by the defendant , George Burns , from an order of the Supreme Court , made at the Schuyler Special Term and entered in the office of the clerk of the county of Schuyler on the 28th day of September , 1918 , granting ...
Page 36
... jury . But in such action it was error to charge in substance that the fact that the defendant's car was on the wrong side of the road changed the burden of proof from the plaintiff to the defendant , and that the latter must show a ...
... jury . But in such action it was error to charge in substance that the fact that the defendant's car was on the wrong side of the road changed the burden of proof from the plaintiff to the defendant , and that the latter must show a ...
Page 37
... jury as to the negligence of both parties . The question as to the defend- ant's negligence was whether he knew or should have known that his automobile was unsafe for use on the highway . In charging the jury the court said : " In this ...
... jury as to the negligence of both parties . The question as to the defend- ant's negligence was whether he knew or should have known that his automobile was unsafe for use on the highway . In charging the jury the court said : " In this ...
Page 38
... jury the idea that the defendant in order to escape defeat had to establish by a preponderance of evidence either that the plaintiff was negligent or that he , the defendant , was not negligent . The charge as explained and amplified ...
... jury the idea that the defendant in order to escape defeat had to establish by a preponderance of evidence either that the plaintiff was negligent or that he , the defendant , was not negligent . The charge as explained and amplified ...
Page 98
... jury as follows : as follows : " Was the defendant , Estelle Dorgeloh and the mother of the defend- ant , Beatrice Arabelle Barker , then known as Estelle Whitney , married on or about May 1st , 1897 to Alphonsus Murtha or Murtagh ...
... jury as follows : as follows : " Was the defendant , Estelle Dorgeloh and the mother of the defend- ant , Beatrice Arabelle Barker , then known as Estelle Whitney , married on or about May 1st , 1897 to Alphonsus Murtha or Murtagh ...
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Common terms and phrases
affidavit agreement alimony alleged American Steel Foundries Appellant application attorney award bill of lading Blackmar and Kelly cause of action certificate chap charge Civil Procedure claim claimant clerk complaint concurred contract contributory negligence corporation costs and disbursements counsel damages deceased decedent December defendant defendant's demurrage demurrer dismissed Dockendorff dollars costs Dowling duty employer entered entitled evidence ex rel fact filed Fourth Department Impleaded injury Jaycox Jenks Judgment and order jury Kings county Laughlin lease liability Matter ment Merrell and Philbin Mills mortgage negligence November October opinion Order affirmed Order reversed parties payment person plaintiff premises Present Clarke proceeding Putnam question railroad company received recover Respondent Second Department Special Term statute street subd Supreme Court Surrogate's Court ten dollars costs testified thereof Third Department trial truck verdict York
Popular passages
Page 278 - In the case of mixtures or compounds which may be now or from, time to time hereafter known as articles of food, under their own distinctive names...
Page 177 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 307 - Compensation has been awarded to his mother and is resisted on the ground that the accident did not arise out of or in the course of the employment.
Page 472 - ... advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait or picture, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use...
Page 460 - Judgment is demanded dismissing the complaint and for "such other and further relief in the premises as to the court may seem just.
Page 178 - A plain and concise statement of the facts, constituting each cause of action, without unnecessary repetition.
Page 512 - The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all.
Page 7 - Every such society shall have the power to make a constitution and by-laws for the government of the society, the admission of its members, the management of its affairs and the fixing and readjusting of the rates of contribution of...
Page 32 - The man who wrongfully renounces a contract into which he has deliberately entered cannot justly complain if he is immediately sued for a compensation in damages by the man whom he has injured; and it seems reasonable to allow an option to the injured party, either to sue immediately, or to wait till the time when the act was to be done, still holding it as prospectively binding for the exercise of this option, which may be advantageous to the innocent party, and cannot be prejudicial to the wrongdoer.
Page 787 - Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.