« ΠροηγούμενηΣυνέχεια »
also evidence that the published matter was I. STATUTES OF LIMITATION.
(A) NATURE, VALIDITY, AND CON-
STRUCTION IN GENERAL.
§ 5. Code Civ. Proc. $ 405, when considered
in connection with section 414, held not to apply
Act (Laws 1902, p. 1517, c. 580) $ 85.-Berner &
Freedman v. Walker (Sup.) 615.
§ 15. An agreement by directors that, in con-
sideration of a creditor holding its claim against
port, until the receivership should be closed,
ed upon it. ---Watertown Nat. Bank of Water-
§ 15. An agreement to waive limitations held,
tion precedent to grant of license to milk ped- date, or from the date when the action is to be
brought, and not to waive the statute forever.
ley (Sup.) 772.
II. COMPUTATION OF PERIOD OF
(A) ACCRUAL OF RIGHT OF ACTION OR
§ 46. A cause of action for breach of con-
tract for support by plaintiff held to have as
crued when decedent left plaintiff's house, and
to be barred by limitation after six years.-Ga
Nun v. Palmer (Sup.) 23.
(C) PERSONAL DISABILITIES AND
8 72. Short statute of limitations as to pres-
entation of claim by infant against decedent's
estate_ held suspended during infancy of claim
ant.--In re Cashman (Sur.) 1128.
(F) IGNORANCE, MISTAKE, TRUST,
FRAUD, AND CONCEALMENT
OF CAUSE OF ACTION.
commence to run against an action for the con-
covery of the person who converted them.-
(H) COMMENCEMENT OF ACTION OR
§ 127. Under Laws 1895, p. 2041, c. 1006, $
5, limiting the filing of claims for damages from
which have been filed in time cannot, after the
period of limitations has expired, be increased.
--In re Spuyten Duyvil Road (Sup.) 857; In re
see Municipal Corporations, 404.
II. SUBJECTS AND PURPOSES OF
LIC OFFICERS AND BOARDS AND
milk dealers, his discretion will not be reviewed
III. JURISDICTION, PROCEEDINGS,
$ 154. An application for mandamus to com-
§ 169. The Trial Term held not to have pow-
affidavits, the return must be regarded as true
on review, the same as if relator had demurred
thereto.-O'Grady v. Polk (Sup.) 290.
To lower court on decision on appeal, see Ap-
peal, $8 1194-1201.
streets, see Municipal Corporations, $ 402.
See Vendor and Purchaser, $ 130.
See Breach of Marriage Promise; Divorce.
A marriage consummated in Canada,
not voidable under Canadian law, held not void-
able in New York.-Donohue v. Donohue (Sup.)
$ 50. Evidence held sufficient to establish a
common-law marriage.-In re Spink's Estate
Expert testimony as to allotment, see Evidence,
MASTER AND SERVANT.
Employés of municipal corporations, see Mu-
nicipal Corporations, $8 216-220.
Trade unions, see Trade Unions.
I. THE RELATION.
(A) CREATION AND EXISTENCE.
pany agreed to hire an injured employé in con-
sideration of a release of damages considered, business, computed and paid on July 15, 1904,
made before expirations of such periods, and,
occur till the end of the next, period; the con-
tract being entire.-Pfaelzer v. Gassner (Sap.)
§ 80. On an issue as to the profits of a busi-
dence of a statement of its net worth to a com-
mercial agency, referring to a date 12 weeks
$ 80. In an action for services, evidence held
insufficient to sustain a judgment for defend-
III. MASTER'S LIABILITY FOR IN.
JURIES TO SERVANT.
cover deposit as security for honesty of em-
$ 90. An employer need not anticipate and
provide against every possible danger to work.
AND PLACES FOR WORK.
$ 101. The duty of an employer is to keep his
them.-Nyboe v. Stern (Sup.) 600.
able care and foresight not to subject him to
the driver to hold the reins before ordering in-
$ 141. A danger held not to be reasonably
anticipated, so as to make it the master's duty
to formulate rules in regard thereto for the
Amusement Co. (Sup.) 609.
(E) FELLOW SERVANTS.
$ 182. A master held not liable for an injury
to a servant after his day's work was orer, eren
$ 70. Where an employé was to receive a 1682, c. 657.-Cavanagh v. Central New Eng.
$ 201. An employer would be liable for in $ 252. A notice of injury to an employé, re-
$ 258. A petition for negligence held not
framed under the provisions of Laws 1902, p.
$ 265. An employé, injured by falling from
that the scaffold
p. 467, c. 415) § 18.-Connolly v. Peterson
§ 265. In an action for injuries caused by
under Labor Law (Laws 1897, p. 467, c. 415) $
18.-Lorenzo v. Faillace (Sup.) 326.
$265. The presumption of negligence of a
master, where a scaffold breaks when used, un-
c. 415) § 18, prohibiting a master from fur-
nishing unsafe scaffolding, held, that a servant,
(Laws 1897, p. 467, c. 415) § 18.-Connolly v.
§ 284. Whether a master waived the require-
ment of Employer's Liability Act (Laws 1902,
p. 1749, c. 600) 8 2, of notice of a servant's in-
§ 286. Evidence of negligence, where an em-
§ 286. Where an engineer unfamiliar with
the road failed to act on the rule of the com-
Erie R. Co. (Sup.) 621.
fendant should have adopted a rule against
stop, signals when kicking cars.-Braun v. New $ 306. For the acts of the servant, within
the general scope of his employment, while en-
ter's interest, the master will be responsible,
or even willfully.-Wallace v. John A. Casey Co.
§ 318. Owners of a building in front of
cused from liability for injury to a pedestrian
§ 322. The owner held not liable for injuries
the building after the shoring was removed by
an independent contractor.-Paltey F. Egan
Admissions by employés, see Evidence, & 243.
tion as to an admission of defendant's superic-
the admission.-Wallace v. John A. Casey Co.
V. INTERFERENCE WITH THE RE.
see Trade Unions, $ 8.
Restraining interference, see Injunction, $ 109.
to enter employment, see Torts, $ 10.
(A) CIVIL LIABILITY.
§ 339. Servants may even persuade former
may not lawfully employ violence, threats, or
verbal abuse.-Jones v. Maher (Sup.) 180.
MEASURE OF DAMAGES.
II. RIGHT TO LIEN.
ORS' WORKMEN AND MATERIALMEN.