Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 143 |
From inside the book
Results 1-5 of 100
Page 4
... complaint charges negligence in failing to promulgate a rule for his protection in probing drill holes , in failing to furnish him with a safe place to work , and in failing to inspect the hole before placing him at work thereon . These ...
... complaint charges negligence in failing to promulgate a rule for his protection in probing drill holes , in failing to furnish him with a safe place to work , and in failing to inspect the hole before placing him at work thereon . These ...
Page 56
... complaint stating action at common law and cause under Employers ' Liability Act - when no election - when servant not engaged in building scaffold — charge . Where , in answer to the defendant's motion to compel the plaintiff to elect ...
... complaint stating action at common law and cause under Employers ' Liability Act - when no election - when servant not engaged in building scaffold — charge . Where , in answer to the defendant's motion to compel the plaintiff to elect ...
Page 73
... complaint . The test of actionable negligence is failure to do what a reasonably prudent man would have done under the same circumstances before the accident complained of happened . Contractors were remodeling a street so as to provide ...
... complaint . The test of actionable negligence is failure to do what a reasonably prudent man would have done under the same circumstances before the accident complained of happened . Contractors were remodeling a street so as to provide ...
Page 80
... complaint alleges the necessary facts to give jurisdiction of the action , and among other things alleges that the appellant , an attorney at law , for himself and as assignce of a firm of which he is a member , " claims a lien upon the ...
... complaint alleges the necessary facts to give jurisdiction of the action , and among other things alleges that the appellant , an attorney at law , for himself and as assignce of a firm of which he is a member , " claims a lien upon the ...
Page 100
... complaint . Where the complaint of a material man alleges that a fund is due and available in the hands of the owner or general contractor , he cannot prove over objection and exception that the debt , though actually discharged , had ...
... complaint . Where the complaint of a material man alleges that a fund is due and available in the hands of the owner or general contractor , he cannot prove over objection and exception that the debt , though actually discharged , had ...
Other editions - View all
Common terms and phrases
accident Act Laws affd affirmed agreement alleged amount appellant to abide assessment assignment attorney authority avenue Board of Tax certiorari chap charge Charles Ranhofer claim clerk common law Company complaint concurred contract corporation costs and disbursements costs to appellant Court in favor creditors decedent defendant defendant's denied dismissed dollars costs duty entitled evidence ex rel fact February February 17 feet Gueutal Haverstraw Hudson river Jacob & Youngs judgment and order jury Kings County land LAUGHLIN liability lien lots 58 March Matter ment MILLER mortgage motion Municipal Court negligence paid party payment person pier plaintiff premises proceedings question railroad recover relator respondent reversed rule Second Department special franchise statute street supra Supreme Court surety testified testimony thereof tion trust verdict Westchester County Wetzlar witness York Cotton Exchange
Popular passages
Page 253 - 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 797 - A common carrier, railroad corporation or street railroad corporation organized or existing, or hereafter incorporated, under or by virtue of the laws of the state of New York, may issue stocks, bonds, notes or other evidence of indebtedness payable at periods of more than twelve months after the date thereof...
Page 332 - When the transfer is by will or intestate law, of property within the state, and the decedent was a nonresident of the state, at the time of his death.
Page 148 - States, or elsewhere, is presumed to be paid and satisfied, after the expiration of twenty years from the time, when the party recovering it was first entitled to a mandate to enforce it.
Page 253 - Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.
Page 106 - ... the court may award costs against the executor or administrator, to be collected either out of his individual property or out of the property of the decedent as the court directs, having reference to the facts which appear upon the trial.
Page 432 - Court may, in its discretion, also direct him to give reasonable security, in such a manner and within such a time as it thinks proper, for the payment, from time to time, of the sums of money required for that purpose.
Page 262 - Such notice shall designate the time and place and when and where a hearing will be given to such railroad company, and such railroad company shall have the right to be heard before the authorities of such municipal corporation upon the question of the necessity of such street, avenue or highway.
Page 904 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...
Page 35 - ... all surface, underground, or elevated railroads, including the value of all franchises, rights or permission to construct, maintain, or operate the same in, under, above, on, or through streets, highways, or public places...