Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 122
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
accident action affirmed agreed agreement alleged allowed amount answer appellant application appointment attorney authority bond brought building cause certificates chap charge City claim clerk Code commission Company complaint concurred condition contained contract corporation costs damages death deceased December defendant defendant's denying determined directed dollars duty effect entered entitled event evidence executors facts favor finding follows Fourth Department further given granted held injury interest issue judgment jury lands liability Matter motion negligence notice November objection opinion owner paid parties payment perform person plaintiff premises presented proceedings purchase question railroad reason received recover referred relator removal respondent reversed rule Second Department Special Term statute Supreme Court sureties thereof Third Department tion trial trust verdict witness York
Page 381 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 855 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 212 - We do not say that there may not be other matters to be regarded in estimating the value of the property. What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience.
Page 104 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 213 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 425 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 219 - In every case that comes before this court, therefore, where legislation of this character is concerned and where the protection of the Federal Constitution is sought, the question necessarily arises: Is this a fair, reasonable and appropriate exercise of the police power of the State, or is it an unreasonable, unnecessary and arbitrary interference with the right of the individual to his personal liberty...
Page 151 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 227 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Page 184 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...