3. EVIDENCE-Deed may be proved Mortgage.] It is competent to prove that a deed absolute upon its face is in fact designed as a mortgage. 4. 5. 6. 7. VANDUSEN V. WORRELL . Expert Quantity of Grass.] When material, it is competent to inquire of a witness his opinion as to the quantity of grass growing upon an acre of land, he being acquainted with the land and the grass thereon, and being familiar with the subject of estimating the quantity of grass growing upon land. The facts upon which such an opinion must be based can be communicated in no other way to the minds of the jury; it is the best evidence which is capable of being given upon such subject. PHILLIPS v. TERRY Negligence-Railroad Company.] In an action for negligently causing the death of a person, the burden of establishing the negligent causing of the death is upon the plaintiff'; and it is error for the Judge to charge the jury, if the death of the party occur on defendants' premises while defendants are in exclusive occupation thereof, that, as a matter of law, the defendants are liable, unless they can explain the cause of such death. CURRAN v. WARREN CHEMICAL AND MANUFACTURING CO. Objections to Pleadings or Proofs, when to be taken.] Objections to the pleadings or the proofs must be taken at the trial to be available on review. ROSEBROOKS v. DINSMORE Request to Charge-Nonsuit.] Where, on a trial before a jury, the Judge assumes that a fact is proved, if the party desires such question to be submitted to the jury, he should so request it to be done; and not doing so, he cannot except on that account. Where there is evidence tending to prove or disprove material portions of the Plaintiff's claim or Defendant's defence, the Court can neither nonsuit the Plaintiff, nor direct a verdict for Defendant. MALLORY v. TIOGA RAILROAD COMPANY OF AGENCY of Insurance Companies-What? EXECUTION-Issuable by whom-Justices' Judgment-Docket EXECUTOR-Invalid Judgment-Accounting-Laws 1849, Ch. 226.] Where it appears from the record of such judgment, that the facts necessary to give the Court jurisdiction had not been found, the ascertainment of which was a condition precedent to the rendering of such judgment, the judgment itself must be deemed invalid, and the supposed rights of the creditor under it cannot be maintained. PAGE 224 235 59 265 203 334 66 54 235 FERRY COMPANY-Negligence-Dropping chain before securing See NEGLIGENCE, 1. FICTITIOUS PAYEE on Negotiable Paper construed as Bearer FRAUDS, STATUTE OF-Trustee See STATUTE OF FRAUDS. FRONT PLATFORM-Railroad Company--Negligence-Minor PAGE 313 201 350 49 See NEGLIGENCE. 3. FUND IN CHARGE OF COMMISSIONERS, additions to, does not release Sureties 209 See ADDITION TO FUND. GROUND OF OBJECTIONS to questions must be stated to Referee 238 HEIR, Advancement discharges Estate of claim as 240 See ADVANCEMENT. HIGHWAY, LAYING OUT-Appeal-Referees-Powers of Supreme 19 See LAYING OUT HIGHWAY. HOUSE, BAWDY — Nuisance — Destruction by Mob- Recovery against County See AGENCY OF INSURANCE COMPANIES. POLICY--Non-payment of Note for premium-When See POLICY OF INSURANCE. SUSPENDED to secure Bottomry Loan.] When an Insurance Company, having a right to loan upon bottomry, and upon bond and mortgage, have already insured a vessel in the sum of three thousand dollars, and are unwilling to take a greater risk upon the same, are applied to for a loan upon bottomry by the owners of the vessel, it is competent for said Company upon an agreement between the parties to suspend an amount of the risk contained in the policy equal to the amount of the loan sought upon bottomry, during the bottomry loan, and to make the bottomry loan as desired. NORTHWESTERN INSURANCE COMPANY V. FORWARD INSURERS presumed to know Customs of Place.] Marine insurers are bound to know the custom of the place where they effect their insurance, and the law presumes they do know such custom, and have made their contracts in reference thereto. HARTSHORNE v. UNION MUTUAL INSURANCE COMPANY INTEREST-Account rendered-Account stated See ACCOUNT RENDERED. Payable AND INCOME on Legacies, begin when-Legacies, when See LEGACIES. 324 INTEREST of Master of no special value See MASTER'S INTEREST. ISSUE OF SPURIOUS STOCK-Burden of Proof-Evidence-Cor INVALID JUDGMENT-Executor-Accounting See EXECUTOR. JUDGMENT, INVALID-Executor-Accounting JUSTICE'S JUDGMENT-Docket-Execution-Issuable by Whom?] When the judgment of a Justice of a District Court has been docketed with the Clerk of the Court of Common Pleas, the attorney, and not the Clerk of the County, is the proper person to issue the execution. BRUSH V. LEE LAND, TAX-SALES OF-Invalid if Information Refused See TAX-SALES. 54 54 66 206 LAYING OUT HIGHWAY-Appeal-Referees-Powers of Supreme Court.] Where proceedings have been taken under the statute to lay out a public highway, and an appeal from the order of the Commissioners has been taken according to law, and Referees have been appointed by the County Judge to hear and determine the appeal, and the Referees have affirmed the order of the Commissioners laying out the road, and the proceedings have been brought before the Supreme Court on a common-law certiorari, the Supreme Court have only authority to affirm or reverse such order of the Referees. If the Court proceed further to vacate the order appointing such Referees, and order the appointing of a new board of Referees by the County Judge, &c., it transcends its authority, and such additional order is erroneous. ROBINSON v. FERRIS LEASE—Life Estate-Trespass—When action maintainable? . LEAVING POST-HOLES in Street open at Night-Negligence See NEGLIGENCE. 2. 19 346 92 263 LEGACIES-When payable-Interest-Income-Begin when.] Where a legacy is given with directions that interest and income be applied to use of legatee, the legatee is entitled to interest from death of testator. COOK V. MEEKER LETTER OR TELEGRAM-Time of Consummation of Contract LIABILITY OF MUNICIPAL CORPORATION for obstruction in See MUNICIPAL CORPORATION. PAGE 31 248 LIFE ESTATE-Lease-Trespass-When action maintainable.] The Plaintiff having a life estate in the premises and leasing the same from year to year, cannot maintain an action in the nature of trespass for an injury done to the possession during the continuance of the lease. LIQUOR LICENSE-Non-Resident-Laws 1857, Ch. 628 See NON-REsident. LIMITATIONS, STATUTE OF—Administrator's power-Code, § 110 See STATUTE OF LIMITATIONS. LOAN, BOTTOMRY, Suspension of Insurance to secure See INSURANCE. LOTS SOLD BY MAP are bounded by Centre of Street.] Where lots MALICIOUS PROSECUTION--Slander action See PRACTICE. 317 346 8 226 167 253 278 160 253 MANDAMUS-Correction of Case-Appeal-Taxation of Costs See APPEAL. 5. MAP, LOTS SOLD BY, are bounded by Centre of Street MASTER'S INTEREST-No Special Value.] The doctrine that the There is no such distinction as to the value of shares, whether owned by the Captain or citizen. MOB, DESTRUCTION BY, of Bawdy House-Nuisance-Recovery MORTGAGE-Delivery as Collateral.-Effect on Assigned Bond.] The mere delivery of a mortgage, given to secure the payment of a bond, by the mortgagee to a creditor as collateral security for a debt owing by the mortgagee, does not pass any interest to the mortgagee, as against one holding by assignment the bond secured thereby. MERRITT V. BARTHOLICK MUNICIPAL CORPORATION--Liable for obstruction in its Sewers.] A municipal corporation is liable for damages sustained by a Plaintiff caused by obstruction occasioned to the flow of water in the public sewer, by reason of which the Plaintiff's premises became flooded by water thrown back through his, Plaintiff's, drain. BARTON V. CITY OF SYRACUSE NEGLIGENCE Ferry Company-Dropping Chain before securing Boat.] The dropping of the chain guarding the passage way on a ferry-boat, before the boat is properly secured to the bridge, thereby signifying to the passengers that everything is ready for them to pass off, is such an act of negligence on the part of the company as to render them liable for damages occasioned by failure to have the boat properly secured to the bridge. 2. 3. FERRIS v. UNION FERRY CO. Leaving Post-holes in Street open at Night.] ▲ Defendant is liable for damages resulting to Plaintiff for digging postholes on the line of his lot and the street, extending into the travelled part of the sidewalk, and leaving them open during the night, without any guard or protection, by reason of which the Plaintiff stepped into the hole and was injured. WRIGHT v. SAUNDERS Railroad Company-Front Platform-Minor.] It is negligence on the part of a railroad company to so overcrowd their car as to compel a passenger to stand on the front platform, from which he was thrown and fatally injured. It is not error for the Court to refuse to charge that the company owed no more protection or care to a boy of nine years of age than to an adult. SHERIDAN V. BROOKLYN CITY AND NEWTOWN R. R. Co. Railroad Crossing-No Signal.] If, on approaching a crossing by a train of cars, no signal be given, as the ringing of the bell or the blowing of the whistle, by the agents or servants of the company, it is guilty of negligence; and where there is conflicting evidence on that point, the question is to be submitted to the jury; and their finding therein is conclusive. RENWICK V. N. Y. CENTRAL R. R. Co. . Railroad Company-Evidence See EVIDENCE. 5. Riding on Platform-Railroad Company See RAILROAD COMPANY. 2. NEGOTIABLE PAPER-Debt past due-When held for value.] A party taking negotiable paper before maturity, in payment of a debt past due, is thereby constituted a holder for value. 2. DAY V. SAUNDERS Endorsement by Agent-What defence precluded.] Where the agents of the Defendants had been accustomed to endorse paper in the name of the Defendants, and to get |