N.Y. Weekly Digest of Cases Decided in the N.Y. Court of Appeals, and General Terms of the N.Y. Supreme, Common Pleas and Superior Courts, the Appellate Courts of the Other States, and the U.S. Supreme Court, Volume 5
McDivitt, Campbell & Company, 1878 - Law reports, digests, etc
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action was brought affidavit agreement alleged amount application applt appointed assessment assignment attorney Bank bond cause of action charge claim Code complaint concur contract corporation costs County Court of Appeals court of equity creditors damages debt Decided November Decided October Decided September deed defendant defendant's delivered denied discharge entitled error evidence ex rel execution fact fendant foreclosure fraud fraudulent granted Held injury issued Judgment affirmed judgment debtor judgment for plaintiff jurisdiction jury land lease liable lien ment mortgage motion N. Y. Court N. Y. Supreme Court negligence notice Opinion owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad receiver referee refused remittitur replevin respt sheriff sold Special Term statute surety testator thereof Third Dept tiff tion trial trust valid verdict void
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...
Page 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.