Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Svazek 76Banks & Bros., 1893 |
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Strana 21
... negligence in moving a safety switch — fellow - servants — competency of a switchman - non - existence of rules . A ... negligent in employing him at the place of the accident , or as to whether it exercised due care in the selection of ...
... negligence in moving a safety switch — fellow - servants — competency of a switchman - non - existence of rules . A ... negligent in employing him at the place of the accident , or as to whether it exercised due care in the selection of ...
Strana 22
... negligent in failing to employ a sufficient number of men ; That , as it did not appear that the company , in the exercise of reasonable care , could have foreseen the necessity of a rule to prevent an employee from opening the switch ...
... negligent in failing to employ a sufficient number of men ; That , as it did not appear that the company , in the exercise of reasonable care , could have foreseen the necessity of a rule to prevent an employee from opening the switch ...
Strana 24
... negligence of a fellow - servant of the deceased . " Fourth . " That the plaintiff's intestate by accepting employment from the defendant assumed the risk of any negligence of which a fellow - servant might prove guilty . " Fifth ...
... negligence of a fellow - servant of the deceased . " Fourth . " That the plaintiff's intestate by accepting employment from the defendant assumed the risk of any negligence of which a fellow - servant might prove guilty . " Fifth ...
Strana 25
... negligent in failing to employ a sufficient number of men . " Third . " Whether it was negligent in failing to adopt and notify Clark of the existence of the rule requiring the switch to be locked , and the requiring a switchman to be ...
... negligent in failing to employ a sufficient number of men . " Third . " Whether it was negligent in failing to adopt and notify Clark of the existence of the rule requiring the switch to be locked , and the requiring a switchman to be ...
Strana 26
... negligent in employing Clark or leaving him in charge of the station at the time of the accident . In Sutherland v . The Troy & Boston Railroad Co. ( 125 N. Y. 739 ) , it was said : " We think , under the circumstances , the jury could ...
... negligent in employing Clark or leaving him in charge of the station at the time of the accident . In Sutherland v . The Troy & Boston Railroad Co. ( 125 N. Y. 739 ) , it was said : " We think , under the circumstances , the jury could ...
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agreement alleged amount appeal appellant application APRIL TERM assignment attorney Bank BARNARD bonds cause of action Civil Procedure claim clerk complaint concurred contract corporation costs and disbursements court of equity creditors damages debt deceased deed defendant defendant's dollars Drake Dutchess County DYKMAN entered entitled evidence ex rel execution executors fact favor FIFTH DEPARTMENT foreclose foreclosure FOURTH DEPARTMENT granted held highway HUN-VOL indorser interest Judgment affirmed jury Kings county land letters patent Lewis liability lien LXIX Lynch Mahaney MAYHAM ment mortgage mortgagor motion N. Y. St negligence owner paid parties Patrick H payment person plaintiff premises proceedings proof purchaser question railroad company Ransom H real estate recover referee rendered Repr respondent reversed Richmond county SECOND DEPARTMENT Special Term statute Supreme Court testator testified testimony thereof THIRD DEPARTMENT tion trial trust verdict William G witnesses Yonkers York
Oblíbené pasáže
Strana 397 - 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...
Strana 508 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Strana 106 - A confession of a defendant, whether in the course of judicial proceedings or to a private person, can be given in evidence against him unless made under the influence of fear produced by threats, or unless made upon a stipulation of the district attorney, that he shall not be prosecuted therefor ; but is not sufficient to warrant his conviction, without additional proof that the crime charged has been committed.
Strana 294 - That palter with us in a double sense ; That keep the word of promise to our ear, And break it to our hope.
Strana 276 - An appeal may be taken, to the appellate division of the supreme court, from an order, affecting a substantial right, made in a special proceeding, at a special term or a trial term of the supreme court; or made by a justice thereof in a special proceeding instituted before him, pursuant to a special statutory provision; or instituted before another judge, and transferred to, or continued before him.
Strana 38 - And in case default shall be made in the payment of the principal...
Strana 654 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Strana 435 - The appellate court must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits.
Strana 572 - ... the repeal of a law, or any part of it, specified in such schedule, shall not affect or impair any act done or right accruing, accrued or acquired...
Strana 700 - A ;" to have and to hold the same, and every part and parcel thereof...