bill or note, see "Bills and Notes," § 4.
PROXIMATE CAUSE.
rect or remote consequences of injury, see
Damages," § 1.
official newspapers, see "Newspapers."
f summons, see "Process," § 1.
ee "Municipal Corporations," 8 7; "Towns,"
§ 1.
A person struck by a locomotive at a highway
crossing held guilty of contributory negligence
as a matter of law.-De Jong v. Erie R. Co.
(Sup.) 78.
A finding that a freight crew of the defend-
ant company was guilty of negligence, by which
a brakeman was injured, held not so against the
weight of the evidence as to justify the re-
versal of a verdict in favor of plaintiff for the
death of her intestate.-Douglass v. Northern
Dedication of property, see "Dedication."
aking property for public use, see "Eminent Cent. Ry. Co. (Sup.) 370.
QUANTUM MERUIT.
Fee "Work and Labor."
QUESTIONS FOR JURY.
n civil actions, see "Trial," § 3.
RAILROADS.
See "Street Railroads."
Carriage of goods and passengers, see "Car-
riers."
Condemnation of property, see "Eminent Do-
main."
Liability for causing death, see "Death," § 1.
1. Right of way and other interests
in land.
Evidence held not sufficient to show that
plaintiff's intestate was guilty of contributory
negligence, and hence not to warrant the re-
versal of a judgment for plaintiff.-Douglass v.
Northern Cent. Ry. Co. (Sup.) 370.
An instruction on contributory negligence in
an action for injuries received at a railroad
crossing held erroneous.-O'Brien v. Central R.
R. of New Jersey (Sup.) 914.
Evidence held sufficient to sustain a finding
that defendant railroad company was guilty of
negligence in not sounding the whistle at a
crossing.-Smith v. Lehigh Val. R. Co. (Sup.)
Of act of agent, see "Principal and Agent,"
§ 1.
A railroad company which has maintained
ts tracks in a cut in a city street for 20 years
does not acquire a right by adverse posses-
sion, as against an abutting property owner,
which will entitle it to place its tracks on a
viaduct constructed above the surface of the
street.-Muhlker v. New York & H. R. Co. See "Ejectment."
(Sup.) 910.
§ 2. Construction, maintenance,
Under Laws 1888. c. 345, § 12, as amended
by Laws 1890, c. 225, damages held rightfully
awarded to the owners of property abutting on
a street, the grade of which had been necessa-
rily changed by the construction of a viaduct
on an intersecting street, for rendering their
warehouses less accessible and convenient for de-
livering and receiving freight to and from rail-
way cars. In re Grade-Crossing Com'rs of City
of Buffalo (Sup.) 152.
Under Laws 1888, c. 345, it was not error for
the court to award damages to property affect-
ed as a whole by a change in the grade of the
street caused by the construction of a viaduct,
In supplementary proceedings, see "Execu-
tion," § 2.
Of corporations in general, see "Corporations,"
§ 6.
Of foreign corporations, see "Corporations,"
§ 8.
§ 1. Nature and grounds of receiver-
ship.
The complaint in an action in which a re-
ceiver is asked held to authorize his appoint-
ment.-Ashley v. Ashley (Sup.) 173.
The appointment of a receiver held proper,
though certain interested persons were not par-
ties.-Ashley v. Ashley (Sup.) 173.
and 103 New York State Reporter
RECEIVING STOLEN GOODS.
Evidence in trial for receiving stolen goods
held sufficient to support a conviction.-People
v. Cooper (Sup.) 257.
Transcript on appeal, see "Appeal," § 5.
Recovery of goods sold, see "Sales," § 2
§ 1. Pleading and evidence.
In replevin for a piano, the defendant's er
dence, tending to characterize the possession
the instrument by the defendant's wife beto
the defendant obtained it, held erroneously -
jected.-Jacob v. Haefelein (Sup.) 1034.
§ 2. Damages.
Including in replevin, as an element of day-
In action to foreclose mortgage, see "Mort- ages, the plaintiff's attorney's fees prior to
gages, § 1.
action, held erroneous.-Cook v. Gross (S)
On dissolution of partnership, see "Partner-924.
ship," § 2.
1. Report and findings.
Report of referee will be confirmed under On reference, see "Reference," § 1.
rule 30 of general rules of practice, where no
exceptions are filed within eight days after
service of notice of the filing of the report.-
Bailey v. Carter (Sup.) 616.
For instructions in civil actions, see "Trial,"
§ 4.
RES IPSA LOQUITUR.
The report of a referee under a void refer-
ence held not to be supported as an award,
where the stipulation for the reference con-
templated an appeal.-Barber v. Lane (Sup.) See "Municipal Corporations," § 6.
Of premises demised, see "Landlord and Ten- Of railroads, see "Railroads," § 1.
ant," § 8.
Of statute, see "Statutes," § 1.
See "Waters and Water Courses," § 1.
sumed by employé, see "Master and Serv- See "Accord and Satisfaction"; "Payment."
int," § 2.
SCHOOLS AND SCHOOL DISTRICTS.
School attendance officer, see "Municipal Cor-
porations," § 2.
§ 1. Private schools and academies.
A proportionate recovery was improperly al-
lowed, in an action by a student to recover
tuition fees, for a failure to give plaintiff the
necessary instruction to enable him to pass
the examination given by the state board of
regents.-Kabus v. Seftner (Sup.) 983.
SECONDARY EVIDENCE.
In civil actions, see "Evidence," § 5.
SEPARATE ESTATE.
Of married women, see "Husband and Wife,"
§ 2.
Where goods are purchased on credit by A.
by means of fraudulent representations as to
his financial standing, and sold by him to de- Of process, see "Process," § 1.
fendant, conversations between A. and the sel-
ler, in the absence of defendant, after A. has
disposed of the goods, are not admissible in an
action by the seller to recover such goods from See "Master and Servant," § 1.
the defendant.-Horowitz v. Jacobs (City Ct.
N. Y.) 746.
Plaintiff held entitled to maintain replevin See "Easements."
for the goods in controversy without tendering
a cash payment received on them.-Scher v.
Roher (Sup.) 929.
§ 3. Conditional sales.
Conditional sale held to have passed no title,
though purchase-money notes were delivered to
the seller and the buyer was given possession.
Fennikoh v. Gunn (Sup.) 12.
Under Laws 1897, c. 418, § 112, a conditional
sale, not recorded, giving possession of the
goods sold, was not void as against the pur-
chaser's execution creditor nor the marshal
seizing the goods so sold.-Fennikoh v. Gunn
(Sup.) 12.
Agreement for lease or sale of piano con-
strued, and held that, on default on election to
buy, purchaser is liable to owner for loss by
fire.-Ainsworth v. Rhines (Sup.) 876.
Where a contract is assigned to secure a
loan, and on payment thereof it is redelivered,
the original title to the contract is restored to
the original owner.-Ainsworth V. Rhines
(Sup.) 876.
Contract for sale of piano construed, and
held to give purchaser no right to return the
same on becoming dissatisfied.-Ainsworth v.
Rhines (Sup.) 876.
Title to whisky which was left in the pos-
session of plaintiff's tenants, to be sold over
the latter's bar, held to be in the tenants.-
Cook v. Gross (Sup.) 924.
See "Accord and Satisfaction"; "Payment."
By assignee for benefit of creditors, see "As-
signments for Benefit of Creditors," § 5.
By executor or administrator, see "Executors
and Administrators," § 6.
and 103 New York State Reporter
By witness inconsistent with testimony, see
"Witnesses," § 3.
Of facts agreed on for submission to court
see "Submission of Controversy."
Of plaintiff's claim, see "Pleading," § 2.
STATES.
1. Contracts enforceable.
Where the plaintiff and defendant under a
partnership agreement mutually devised and
invented a machine, the defendant' taking the
letters patent, with the understanding that he
would assign a one-half interest in the same
to the plaintiff and pay him one-half of the
profits from the sale of the machine, the court
will decree a specific performance of the agree- Interstate extradition, see "Extradition," § 1
ment on defendant refusing to perform.-Young
v. Gilmour (Sup.) 191.
Specific performance of a specialty contract
for the settlement of a co-partnership business,
executed by the administrator of a deceased
partner, without naming the heirs, cannot be
enforced against an heir. - Clowes v. Berck-
manns (Sup.) 340.
Specific performance of contract to purchase
bonds refused, where bonds are invalid.-Vil-
lage of Hempstead v. Seymour (Sup.) 462.
Evidence held to authorize a decree for spe-
cific performance of a contract to convey real-
ty against a defense that plaintiff could not
convey the fee because of a defective execution
of a power of sale under a will.-Binzen v.
Epstein (Sup.) 789.
Where infants reached their majority in 1861,
and after lapse of 40 years had made no at-
tack on the alleged defective execution of a
power of sale of certain realty, specific per-
formance of a contract to convey such realty
will not be denied.-Binzen v. Epstein (Sup.)
SPIRITUOUS LIQUORS.
See "Intoxicating Liquors."
Provisions relating to particular subjects, see
"Appeal"; "Assignments for Benefit f
Creditors," § 1; "Attachment," § 1; "Ba
ruptcy," 1; "Burglary," § 1; "Charities"
§ 1; "Discovery," $2; "Eminent Domain.";
"Execution," § 1; "Food"; "Gaming," § 1:
"Intoxicating Liquors"; "Review"; "Stret
Railroads,' § 1; "Taxation," §§ 1, 9.
"Towns," § 1.
conditional sales, see "Sales," § 3.
frauds, see "Frauds, Statute of."
liens of attorneys, see "Attorney and
Client," § 4.
service of process, see "Process," § 1.
1. Repeal, suspension, expiration, and
revival.
Laws 1896, c. 908, art. 9, §§ 3, 4, imposing a
tax on all real property in the state, except
that of a municipal corporation within the or
porate limits, held not repealed by Laws 186.
c. 712, § 2, authorizing a tax on special fran-
chises. People v. De Witt (Sup.) 366.
Laws 1890, c. 568, known as a "town law,"
held to repeal by implication other general or
special acts, though not repugnant thereto.-
Barker v. Town of Floyd (Sup.) 1109.
125 | Greater New York. Laws
1896, ch. 112, §§ 25, 34, 42 111
1897, ch. 378, § 1116..30, 31| 1896, ch. 225, §§ 13, 23... 231
Greater New York. Laws
1896, ch. 376, § 51.
1896, ch. 393, § 2.
1896, ch. 547, § 78.
1896, ch. 547, § 155.
1896, ch. 547, § 207.
1896, ch. 905, §§ 8, 32.
1896, ch. 908, art. 1, §§ 3,
4. Amended by Laws
1899, ch. 712.
1896, ch. 908, art. 1, § 4,
subd. 7
1896, ch. 908, art. 9, §§ 3,
4
1896, ch. 908, art.
220, 243
1897, ch. 378, subch. 17.
Greater New York Char-
ter
1897, ch. 378, § 49. Great-
er New York Charter... 198
1897, ch. 378, § 889. Great-
er New York Charter... 793
1897, ch. 378, § 892. Great-
er New York Charter... 678
1897, ch. 378, § 1116. Great-
er New York Charter. .30, 31
1897, ch. 378, § 1364, subd.
14. Greater New York
Charter
.908, 1031
1897, ch. 378, § 1406. Great-
er New York Charter... 513
1897, ch. 378. § 1438. Great-
er New York Charter... 572
1897, ch. 378, § 1536. Great-
er New York Charter... 959
1897, ch. 378, § 1545. Great-
er New York Charter... 678
1897, ch. 379, § 23.
1897, ch. 414.
1897, ch. 417, § 7.
1897, ch. 418, § 112.
1897, ch. 452..
1897, ch. 612, §§ 168, 175,
179
1897, ch. 768.
1892, ch. 685, § 5..
2831892, ch. 688, § 29.
1892, ch. 688. § 30...758, 759
1893, ch. 338.
1899, ch. 152, § 6. Amend-
|