The New York Supplement, Volume 95West Publishing Company, 1906 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Results 1-5 of 100
Page 3
... jury . In this view we concur , and think that the question of as- sumption of risk was also for the jury . Upon this question the de- fendant had the affirmative . Dowd v . N. Y. , O. & W. Ry . Co. , 170 N. Y. 459 , 63 N. E. 541. There ...
... jury . In this view we concur , and think that the question of as- sumption of risk was also for the jury . Upon this question the de- fendant had the affirmative . Dowd v . N. Y. , O. & W. Ry . Co. , 170 N. Y. 459 , 63 N. E. 541. There ...
Page 6
... jury , and the plaintiffs introduced evidence tending to sustain all the essential elements of their cause of action . When they rested , counsel for the defendants moved to dismiss the complaint on the ground of failure of proof ...
... jury , and the plaintiffs introduced evidence tending to sustain all the essential elements of their cause of action . When they rested , counsel for the defendants moved to dismiss the complaint on the ground of failure of proof ...
Page 23
... jury , he could not contend on appeal that the case should have been disposed of as one of law . [ Ed . Note . For cases in point , see vol . 3 , Cent . Dig . Appeal and Error , §§ 3604 , 3605. ] 2. CARRIERS - INJURIES TO PASSENGERS ...
... jury , he could not contend on appeal that the case should have been disposed of as one of law . [ Ed . Note . For cases in point , see vol . 3 , Cent . Dig . Appeal and Error , §§ 3604 , 3605. ] 2. CARRIERS - INJURIES TO PASSENGERS ...
Page 24
... jury . " The case was submitted to the jury in a charge free from error , to which no exception was taken . Two questions . were submitted to the jury : First , whether the practice was so common that the defendant either knew , or in ...
... jury . " The case was submitted to the jury in a charge free from error , to which no exception was taken . Two questions . were submitted to the jury : First , whether the practice was so common that the defendant either knew , or in ...
Page 25
... jury , the verdict of the jury should be permitted to stand . The plaintiff had an opportunity to take the judgment of the court ; but , having determined to take his chances with the jury in a case which must be disposed of upon ...
... jury , the verdict of the jury should be permitted to stand . The plaintiff had an opportunity to take the judgment of the court ; but , having determined to take his chances with the jury in a case which must be disposed of upon ...
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129 New York 48 Misc abide the event agreement alleged amount Appeal from Special Appellate Division Appellate Term Argued before HIRSCHBERG Argued before SCOTT attorney authority BISCHOFF and FITZGER cause of action Cent charge claim Code complaint concur contract corporation costs counsel damages death defendant appeals defendant's demurrer entitled evidence executors fact favor fendant granted held highway injury issue Judgment affirmed jury justice Kings County lease liability lien ment mortgage motion N. Y. Supp negligence Note.-For notice October 27 order denying owner paid parties payment person plaintiff premises proceedings purchase question railroad Raunheim reason recover respondent Richard Irvin Special Term statute street Supreme Court tenant testator testified thereof tion town of Geddes Trial Term trust verdict witness York County York State Reporter
Popular passages
Page 729 - ... have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy...
Page 428 - 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.
Page 724 - In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property...
Page 742 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 210 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Page 321 - I think that the rule of conduct is as nearly as possible the same as where the Court is asked to set aside a verdict on the ground that it is against the weight of evidence.
Page 258 - Second. In the case of articles labeled, branded, or tagged so as to plainly Indicate that they are compounds, imitations, or blends, and the word "compound," "imitation,
Page 182 - The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment under this bill of lading, unless a lower value has been agreed upon or is determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation.
Page 231 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing.
Page 428 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just...