Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 193
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accident action affirmed agreement alleged amount answer appellant application attorney authority award building cause chap charge claim claimant Code Commission Company Compensation complaint concur condition constitute construction contract corporation costs counsel court damages death deceased decision defendant defendant's denied determine directed dismissed dollars costs duty effect employer entered entitled established evidence ex rel fact follows give given granted ground held income injury interest issue Jenks John judgment July jury Kelly limited loss Matter Mills motion notice November operation opinion paid party payment person plaintiff Present proceedings question railroad reason received relator respect Respondent result reversed rule says Second September Service Special Term statute street sustained thereof Third Department tion trial trust witness York
Page 456 - 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...
Page 820 - Technical rules of evidence or procedure not required. The commission or a commissioner or deputy commissioner in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties.
Page 620 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances.
Page 429 - Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure.
Page 820 - The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers and accounts.
Page 161 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 870 - State must provide a fair opportunity for submitting that issue to a judicial tribunal for determination upon its own independent judgment as to both law and facts; otherwise the order is void because in conflict with the due process clause, Fourteenth Amendment.
Page 245 - ... due and owing to the judgment debtor, said execution shall become a lien and a continuing levy upon the wages, earnings, debts, salary, income from trust funds or profits, due or to become due to said judgment debtor to the amount specified therein which shall not exceed ten per centum thereof, and said levy shall be a continuing levy until said execution and the expenses thereof are fully satisfied and paid or until modified as hereinafter provided...
Page 684 - Attorney, appearing for the defendant, on the ground that it "fails to state facts sufficient to constitute a cause of action.
Page 619 - That the federal control of railroads and transportation systems herein and heretofore provided for shall continue for and during the period of the war and for a reasonable time thereafter, which shall not exceed one year and nine months next following the date of the proclamation by the President of the exchange of ratifications of the treaty of peace...