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action affirmed agreed agreement alleged allowed amount answer appellant application authority building cause certificate chap charge claim clerk commissioners complaint concurred condition construction contract corporation costs counsel court damages death decision defendant defendant's denying determination directed dollars duty effect election entered entitled evidence ex rel executor fact favor follows Fourth Department given granted ground held injury interest issue judgment judicial July jury land liability limited Matter mortgage motion Municipal necessary negligence notice November objection October opinion owner paid party payment performance person plaintiff premises present proceedings purchase question railroad reason received recover refused relator respondent result reversed rule Second Department Special statute street Supreme Court Term thereof tion trial trust verdict York
Página 825 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Página 42 - ... but no notice under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury if it be shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby.
Página 764 - The confirmation of a composition shall discharge the bankrupt from his debts, other than those agreed to be paid by the terms of the composition and those not affected by a discharge.
Página 543 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Página 797 - ... denying generally the allegations, or specifically any material allegation of the petition, or setting forth a statement of any new matter constituting a legal or equitable defense, or counter-claim. Such defense or counter-claim may be set up and established in like manner as though the claim for rent in such proceeding was the subject of an action, f AM'D BY CH.
Página 810 - Act shall be maintained, unless notice of the time, place, and cause of the injury is given to the employer within sixty days, and the action is commenced within one year, from the occurrence of the accident causing the injury or death.
Página 872 - We think that the present case presented a question of fact for the jury as to whether or not the defendant was negligent in the treatment of the case and thereby caused plaintiff's injury.
Página 283 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Página 127 - Whenever death shall be occasioned by unlawful violence or negligence, and no suit for damages be brought by the party injured during his or her life, the widow of any such deceased, or, if there be no widow, the personal representatives, mny maintain an action for and recover damages for the death thus occasioned.
Página 74 - ... some direction was given to the passenger by those in charge of the train, or some situation created, which interfered to some extent with his free agency, and was calculated to divert his attention from the danger, and create a confidence that the attempt could be made in safety.