Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 180 |
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accident agreement alleged Appeal dismissed attorney award bank Baselice cause of action chap charge City Civil Procedure claim claimant clerk Code of Civil complaint concurred contract contributory negligence corporation costs and disbursements counsel damages death deceased December December 28 deed defendant defendant's demurrer denying dissented dollars costs employer employment entitled evidence ex rel executed executors fact held Industrial Commission injury interest Judgment affirmed judgment and order Judgment reversed jury Kings county land lease liability lien Matter ment mortgage motion negligence notice November November 14 opinion Order affirmed Order reversed owner paid parties payment person plaintiff premises question railroad company recover respondent Second Department Special Term statute street subd Supreme Court Surrogate's Court testator thereof Third Department tion trial granted trust verdict Workmen's Compensation Law York Central York Central Railroad
Popular passages
Page 826 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller
Page 23 - 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.
Page 841 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case...
Page 472 - The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes and the responsible ones, though they may be nearer...
Page 85 - On all sales, or agreements to sell, or memoranda of sales or deliveries of, or transfers of legal title to shares or certificates of stock in any association, company, or corporation, whether made upon or shown by the books of the association, company, or corporation, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale...
Page 124 - ... employment upon the premises or at the plant, or in the course of his employment away from the plant of his employer; and shall not include farm laborers or domestic servants.
Page 597 - All the lights required by these special rules for dredges, wrecking boats, lighters, etc., shall be of such size and character as to be visible on a dark night with a clear atmosphere for a distance of at least 2 miles. 6. RULE FOR VESSELS WHICH ARE MOORED OR AT ANCHOR Vessels of more than 300 gross tons propelled by machinery, when moored or anchored in...
Page 1008 - Other cases. In all other cases in this class of disability, the compensation shall be sixty-six and two-thirds per centum of the difference between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability, but subject to reconsideration of the degree of such impairment by the commission on its own motion or upon application of any party in interest.
Page 496 - As the term is generally understood, the 'practice' of the law is the doing or performing services in a court of justice, in any matter depending therein, throughout its various stages, and in conformity to the adopted rules of procedure. But in a larger sense it includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be depending in a court.
Page 230 - personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom, 8.