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action affirmed agent agreed agreement alleged allowed amount answer application applt appointed assessment assignment authority bank Board bond brought cause charge claim Code complaint concur contract corporation costs County COURT OF APPEALS creditors damages debt Decided deed defendant defendant's delivered denied DEPT directed duty entered entitled error evidence execution fact fendant give given granted ground Held injury intent interest issued judg judgment jury land liable matter ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence notice objection obtained Opinion owner paid party payment person plain plaintiff possession premises present proceedings proof proper proved purchase question reason receiver recover referee refused relator respt reversed rule sold Special statute sufficient suit taken Term THIRD tion trial trust valid York
Página 480 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Página 215 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Página 366 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Página 310 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 75 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Página 523 - There was some conflict of evidence as to the rate of speed at which the train was running at the time, and whether its bell was rung and its whistle sounded.
Página 214 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Página 48 - He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose...
Página 366 - ... at a greater rate than is assessed upon such bonds ; and that, therefore, the taxation complained of is in violation of the act of Congress forbidding the taxation of national shares at a greater rate than is assessed upon other moneyed capital in the hands of individuals.