Reports of Selected Cases Decided in Courts of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Том 104
New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter)
Lawyers Co-operative Publishing Company, 1919
"Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly)
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action Affirmed agreed agreement alleged amount appears Appellate Appellate Term application assignment August authority bank bonds bridge cause charge claim claimant Code commission commissioners Company complaint constitute construction contained contract corporation costs counsel damages death decedent defendant denied Department determination direct duty easement effect entitled evidence ex rel executors fact filed fixed follows granted ground held husband intention interest issue John judgment July jurisdiction jury land Matter ment Misc mortgage motion named necessary notice October opinion owner paid parties payment person plaintiff premises present probate proceeding question railroad reason received recover referred relator river rule statute Supreme Court Surrogate's Court tenant Term thereof tion town trial trust United wife York
Страница 528 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Страница 638 - That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions...
Страница 738 - Every person operating a motor vehicle on the public highway of this state shall drive the same in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person; provided, that a rate of speed in excess of thirty miles an hour for a distance of one-fourth of a mile shall be presumptive evidence of driving at a rate of speed which is not careful and prudent.
Страница 326 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Страница 412 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Страница 52 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Страница 382 - ... for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture: but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify...
Страница 358 - No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person...
Страница 446 - December, 1904, he applied to the commissioners of the land office of the state of New York...