Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 32
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
Banks, 1898 - Law reports, digests, etc
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abide the event action affidavits affirmed agreement alleged amount appellant application appointed assignment authority bank Brooklyn City Railroad Brooklyn Heights Railroad Cauldwell cemetery chapter charge city of Brooklyn claim clerk commissioners complaint concurred construction contract corporation costs to abide county of Kings Court in favor court of equity damages deceased decree deed defendant defendant's denying Div.—Vol duty entered entitled evidence ex rel executors fact Fourth Department funds held injury intention July Term jury Kings County land liability lien ment mortgage motion negligence operation opinion owner paid party payment person plaintiff poison ivy premises purchase purpose question Railroad Company reason recover relator residuary estate Respondent reversed rule rule in Shelley's Second Department Special Term statute street Supreme Court testator therein thereof Third Department Thomas Rogers tiff tion trial granted trustees verdict XXXII York
Page 295 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 628 - States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 518 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Page 199 - ... used exclusively for carrying out thereupon one or more of such purposes, and the personal property of any such corporation, shall be exempt from taxation.
Page 114 - ... shall pay to the state treasurer, for the use of the state, a license fee of one-eighth of one per centum for the privilege of exercising its corporate franchises or carrying on its business in such corporate or organized capacity in this state, to be computed upon the basis of the capital stock employed by it within this state...
Page 31 - Every sale made by a vendor, of goods and chattels in his possession or under his control...
Page 628 - An act to protect all citizens in their civil and legal rights." The pertinent parts of the statute are as follows: Section 1: "That all persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities and privileges of inns, restaurants, hotels, eating houses, bath houses, barber shops, theatres, music halls, public conveyances on land and water, and all other places of public accommodation or amusement subject only to the conditions and...
Page 629 - In this connection it is proper to state that civil rights, such as are guaranteed by the Constitution against state aggression, cannot be impaired by the wrongful acts of individuals, unsupported by state authority in the shape of laws, customs or judicial or executive proceedings. The wrongful act of an individual, unsupported by any such authority, is simply a private wrong, or a crime of that individual ; an invasion of the rights of the injured party, it is true, whether...
Page 474 - ... upon the sum recovered or claimed, or the value of the subject-matter involved.