The New York Supplement, Volumen43West Publishing Company, 1897 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
Dentro del libro
Resultados 1-5 de 75
Página 27
... NEGLIGENCE . It is not negligence per se to attempt to mount the front platform of a standing car , on invitation of the driver . 2. SAME - PREMATURE START - QUESTION FOR JURY . Whether a car was prematurely started is a question for ...
... NEGLIGENCE . It is not negligence per se to attempt to mount the front platform of a standing car , on invitation of the driver . 2. SAME - PREMATURE START - QUESTION FOR JURY . Whether a car was prematurely started is a question for ...
Página 28
... negligence . The attempt to mount the front platform when the car was standing still was certainly not negligence , as a matter of law ; nor do we think it could have been said to be negligence at all , in view of the fact that There ...
... negligence . The attempt to mount the front platform when the car was standing still was certainly not negligence , as a matter of law ; nor do we think it could have been said to be negligence at all , in view of the fact that There ...
Página 84
... NEGLIGENCE - CIRCUMSTANTIAL EVIDENCE . In an action for death by wrongful act , freedom of decedent from con- tributory negligence may be shown by circumstantial evidence . 2. RAILROAD CROSSING - CONTRIBUTORY NEGLIGENCE - QUESTION FOR ...
... NEGLIGENCE - CIRCUMSTANTIAL EVIDENCE . In an action for death by wrongful act , freedom of decedent from con- tributory negligence may be shown by circumstantial evidence . 2. RAILROAD CROSSING - CONTRIBUTORY NEGLIGENCE - QUESTION FOR ...
Página 85
... negligence that contributed to the accident . There is no direct evidence to show whether , after the freight train passed , deceased did or did not look before he drove onto the track , to see whether anything was following such train ...
... negligence that contributed to the accident . There is no direct evidence to show whether , after the freight train passed , deceased did or did not look before he drove onto the track , to see whether anything was following such train ...
Página 87
... negligence on the part of deceased . In this respect , also , as well as in several others , this case differs from the Wiwirowski Case , and leads us to conclude that such case is not controlling upon this one . It is our conclusion ...
... negligence on the part of deceased . In this respect , also , as well as in several others , this case differs from the Wiwirowski Case , and leads us to conclude that such case is not controlling upon this one . It is our conclusion ...
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Términos y frases comunes
77 New York affidavit agent agreement alleged amount Appeal from special Appellate Division application Argued assessment assignment attorney authority bank cause of action cent charge City Ct claim complaint concur contract contributory negligence corporation costs counsel court of equity creditors damages deed defendant defendant appeals defendant's duty entitled evidence execution fact fendant firm granted held injury interest issued January January 27 judge jury justice land lease liability lien ment Misc mortgage motion N. Y. Supp negligence owner paid parties payment person Pickert plaintiff premises proceedings proof provision purchase question Railroad reason received recover referred refused respondent reversed rule special term statute street Supreme Court testator testified testimony thereof Third Avenue Railroad tiff tion trial term trust verdict witness York county York State Reporter
Pasajes populares
Página 337 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Página 186 - Bronx in said city, in the office of the register of the city and county of New York.
Página 416 - State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Página 413 - January, in the year one thousand eight hundred and ninety-seven, no person in any such prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under sentence thereto, at any trade. Industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be fanned out, contracted, given or sold to any person, firm, association or corporation.
Página 347 - But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributing cause of the disaster.
Página 697 - A plain and concise statement of the facts, constituting each cause of action, without unnecessary repetition.
Página 554 - Miller was a real or fictitious individual." as though determined by the supreme court itself. (Bridges v. Fisk, 53 Cal. App. 117 [200 Pac. 71].) [3] Appellant also insists that it was error on the part of the trial court to permit...
Página 120 - On the other hand, the weight of authority in this country as well as in England favors the doctrine that where the trespass is the result of inadvertence or mistake, and the wrong was not intentional, the value of the property when first taken must govern ; or if the conversion sued for was after value had been added to it by the work of the defendant, he should be credited with this addition.
Página 667 - To give a third party, who may derive a benefit from the performance of the promise, an action, there must be, first, an intent by the promisee, to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise, or an equivalent from him personally.
Página 473 - An acknowledgment or promise, contained in a writing signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract, whereby to take a case out of the operation of this title. But this section does not alter the effect of a payment of principal or interest.