Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen14 |
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Página 2
... jury rendered after a trial at the Jefferson Circuit , and also from an order bearing date the 6th day of June , 1895 , and entered in said clerk's office deny- ing the defendants ' motion for a new trial made upon the minutes . The ...
... jury rendered after a trial at the Jefferson Circuit , and also from an order bearing date the 6th day of June , 1895 , and entered in said clerk's office deny- ing the defendants ' motion for a new trial made upon the minutes . The ...
Página 7
... jury in concluding that she told the truth . Nearly all of the witnesses who gave evidence upon the subject say that the poles were thrown across the walk " promiscuously , " and many of them , including some called by the defendant ...
... jury in concluding that she told the truth . Nearly all of the witnesses who gave evidence upon the subject say that the poles were thrown across the walk " promiscuously , " and many of them , including some called by the defendant ...
Página 23
... jury ; however , in dis- cussing this case , I shall assume that it was a question of fact for the jury , and was found for the plaintiff . The employees on this freight train were the engineer , fireman , FOURTH DEPARTMENT , FEBRUARY ...
... jury ; however , in dis- cussing this case , I shall assume that it was a question of fact for the jury , and was found for the plaintiff . The employees on this freight train were the engineer , fireman , FOURTH DEPARTMENT , FEBRUARY ...
Página 33
... jury , and that as they had found , and upon the evidence were justified in finding , that the ultimate result could be traced , through successive stages , back to the original accident , it must be deemed to have been the proximate ...
... jury , and that as they had found , and upon the evidence were justified in finding , that the ultimate result could be traced , through successive stages , back to the original accident , it must be deemed to have been the proximate ...
Página 35
... jury of $ 3,000 are excessive . The defendants ' evidence was principally from physicians testify- ing as experts , only one of whom had examined the deceased after her injury , and he not the attending physician , and they , upon their ...
... jury of $ 3,000 are excessive . The defendants ' evidence was principally from physicians testify- ing as experts , only one of whom had examined the deceased after her injury , and he not the attending physician , and they , upon their ...
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Términos y frases comunes
adverse possession affirmed agent agreement alleged amount Andrew McLean appellant application appointed assets authority bond BRUNT cause of action charge Civil Procedure claim clerk Code complaint concurred contract contributory negligence corporation costs and disbursements counsel Court in favor Court of Appeals court of equity creditors damages death defendant defendant's denied dissolution DIV.-VOL dollars costs duty entered entitled evidence ex rel execution fact FEBRUARY TERM FOURTH DEPARTMENT gastritis George Eldridge granted held Herman Frank Impleaded INGRAHAM injury interest issue judge Judgment and order jury justice lease liability Mayor ment mortgage motion negligence opinion owner paid parties payment person Phyfe & Campbell plaintiff premises proceeding provisions question reason received recover reference residuary estate Respondent reversed rule RUMSEY SECOND DEPARTMENT statute Supreme Court testator testified testimony tion trial verdict wall William witnesses
Pasajes populares
Página 16 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Página 489 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Página 16 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, — not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Página 490 - Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of...
Página 201 - 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 296 - The question presented here is whether the will of the testatrix could not, within the meaning of the statute, "be proved without the testimony" of the witness Margaret A. Weldon. The will, in fact, was proved without the testimony of that witness. She was a resident of the State of New York at the time the testatrix died.
Página 191 - But there is no arbitrary deprivation of such right where its exercise is not permitted because of a failure to comply with conditions imposed by the State for the protection of society. The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.
Página 68 - Conductors and enginemen will be held equally responsible for the violation of any rules governing the safety of their trains, and they must take every precaution for the protection of their trains, even if not provided for by the rules.
Página 198 - The legislature may undoubtedly prescribe qualifications for the office, to which he must conform, as it may, where it has exclusive jurisdiction, prescribe qualifications for the pursuit of any of the ordinary avocations of life. The question, in this case, is not as to the power of Congress to prescribe qualifications, but whether that power has been exercised as a means for the infliction of punishment, against the prohibition of the Constitution.
Página 490 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.