Jones v. Roach, 41 Super. Ct. (J. &|
S.) 248.
Action against railroad company Motion for new trial, on min-
by employee. Duty of employer. utes, after dismissal of complaint.
Besel . N. Y. C. & H. R. R. R. Duden v. Waitzfelder, 2 Alb. New
Co., 9 Hun, 457.
Cas. 295. And see Code of Civ.
Liability of owner for contrac- Pro. §§ 999.
tor's negligence. King . Liver- Motion for, after interlocutory
more, 9 Hun, 298.
judgment. Appeal need not be
Negligence of contractor or sub- taken. Bennett v. Austin, 10 Hun,
contractor. Injury by concurrent 451.
act of different persons. Slater v.
Motion for, on irregularity, made
Mersereau, 64 N. Y. 138; 5 Daly, before a different judge. Plun-
kett v. Appleton, 41 Super. Ct. (J.
Of connecting line of carriers, & S.) 159.
in mis-writing consignee's name.
Not ordered by another justice,
Sherman v. Hudson R. R. R. Co., on affidavit of error, and manifest
64 N. Y. 254; 5 Daly, 521.
injustice. Knapp v. Post, 10 Hun,
35.
Of policeman in shooting dog.
McKay v. City of Buffalo, 9 Hun,
401.
Of hack-driver reading paper on
the stand. Gray v. Second Avenue
R. R. Co., 65 N. Y. 561.
Not granted for error in testi-
mony cumulative. Stafford Pave-
ment Co. v. Monheimer, 41 Super.
Ct. (J. & S.) 184.
For judge's private communica-
tion to jury. Gillotte v. Jackson,
41 Super. Ct. (J. & S.) 308.
In keeping brewery in repair.
Malone v. Hathaway, 64 N. Y. 5.
In crossing railroad where view Ex parte communication to jury.
of track is obscure: when servant Plunkett v. Appleton, 41 Super.
is chargeable with master's negli- Ct. (J. & S.) 159.
gence. Massoth v. Del. & Hud. Admission of seriously prejudi-
Canal Co., 64 N. Y. 524; 6 Hun, cial evidence, ground for new
314.
trial, notwithstanding correct in-
Injury from defects in street-structions. Wright. Equitable
right of city to recover judgment Life Assur. Soc.,41 Super. Ct. (J. &
it has been compelled to pay. City S.) 1. But see Sutherland v. N.
of Rochester v. Montgomery, 9 Y. C. & H. R. R. R. Co., 41 Super.
Hun, 394.
Ct. (J. & S.) 17.
Contributory, in not looking
around at railroad crossing.
Sutherland v. N. Y. C. & H. R. R. Lord, 2 Abb. New Cas. 1.
Verdict not sustained if injury
could have resulted. Brague .
R. Co., 41 Super. Ct. (J. & S.) 17. Granted for improper admission
Contributory negligence of of evidence which might possibly
Fallon affect result of action at law.
v. Central Park, &c. R. R. Co., 64 Hawley v. Hatter, 9 Hun, 134;
Walbridge v. Kilpatrick, 9 Hun, 135.
Not granted for insufficiency of; Commissioners may maintain
damages in actions for defamation action for fees, before confirmation
and the like. (Code of Pro. § 264: of report. Blunt v. Mayor, &c. of
Code of Civ. Pro. § 999.) Wavle N. Y., 9 Hun, 330.
Damages for change of grade.
When order granting, not to be People ex rel. Tytler v. Green, 64
conditioned on payment of costs; N. Y. 606.
presumption as to ground of grant-
Powers and duties of fire mar-
ing, on such condition. Hender-shal. Harris v. People, 64 N. Y.
son v. Henderson, 2 Abb. New Cus. 148; 4 Hun, 1.
NEW YORK (City of).
Countersigning
Designation of newspapers to
publish supervisor's proceedings.
Hankius v. Mayor, &c. of N. Y.,
on 64 N. Y. 18.
treasury. L. 1877, p. 326, c. 304.
Health and police departments. added a section to 2 L. 1872, p.
L. 1875, p. 138, c. 158, which
Health Department of N. Y. v. Po-1988, c. 836, regulating amuse-
lice Department, 41 Super. Ct. (J.ments in New York, am'd by ex-
& S.) 323.
tending it to masonic temple in
New York and trustees of masonic
hall and asylum fund, by L. 1876,
lease; limitation of expenses; sig-p. 91, c. 116.
nature of clerk to lease. People The throwing of certain sub-
ex rel. Schanck v. Green, 64 N. Y. stances, likely to injure animals,
499; 6 Iun, 11.
into the streets of New York, made
Power of city to make leases. a misdemeanor. L. 1876, p. 9, c.
Schanck o. Mayor, &c. of N. Y., 10
Hun, 124.
2 L. 1857, p. 489, c. 671, § 7,
relating to deposit of mud, &c. in
Designating "corporation pa-dredging slips in port of New
per "-duty of clerks of common York, am'd by L. 1876, p. 425, c.
council, as to publication. Matter
of Durkin, 10 Hun, 269.
Designation of official paper.
Matter of Foster, 10 Hun, 307.
Protection of seamen in the port.
L. 1877, p. 491, c. 434.
Paving and repaving. Burmeis-
Powers of board of audit. Met-ter, Matter of, 9 Hun, 613.
Valuation by ward assessors.
ropolitan Gas Light Co. v. Mayor, Irregularity in levying assessments
&c. of N. Y., 9 Hun, 706.
Salaries of court attendants.
Wines . Mayor, &c. of N. Y., 9
Hun, 659.
Power of department of docks
to extend contracts. Right of, to
consent to receive other materials
corrected. Matter of Hebrew
Benev., &c. Asylum, 10 Hun, 112.
Rev'd in part, Sept. 18, 1877.
Sewer assessments, proceedings
to vacate. Ingraham, Matter of,
64 N. Y. 310; 4 Hun, 495,
Certain existing assesssments for
than those specified. Inspection local improvements in New York
of materials. Certificate. Bigler city may be paid in three equal in-
v. Mayor, &c. of N. Y., 9 Hun, stallments. L. 1876, p. 82, c. 103.
Redemption from tax
People ex rel. Doubleday v. Kelley, | OBSCENE LITERATURE.
What obscene writing is indict-
able. People v. Hallenbeck, 2
Appointment of an additional Abb. New Cas. 66.
number of notaries public allowed.
L. 1876, p. 100, c. 130.
Mode of mailing notice of pro-
test. Price v. McGoldrick, 2 Abb.
New Cas. 69.
What is public officer. Matter
of Hathaway, 9 Hun, 79.
Acts of officer de facto, valid.
Carpenter v. People, 64 N. Y. 483;
|Dolan v. People, 64 N. Y. 485; 6
Posting of notices and papers at Hun, 232.
county court-house in Erie county.
Assignment of fees, or interest
Constructive notice to principal. therein. Thurston, Fairman, 9
Josephthal v. Heyman, 2 Abb. New Hun, 584.
When officer should act after
Possession distinguished from oc- term expired. People ex rel.
cupation. Constructive possession, Ridley v. Taylor, 9 Hun, 143.
not notice of title. Brown ». Vol-
kening, 64 N. Y. 76.
In proceedings for removal of
an officer, the governor may direct
testimony to be taken, or a finding
property of facts or a hearing before a
cases, and cancellation. Wilmont judge and a finding of facts or
. Meserole, 41 Super. Ct. (J. & S.)
274. Compare Code of Civ. Pro. §
711.
Effect of notice of lis pendens in
ejectment. Lamont . Cheshire,
65 N. Y. 30; 6 Lans. 234. Compare
Code of Civ. Pro. § 689.
law. L. 1876, p. 102, c. 133.
Public departments and officers
prohibited from incurring indebt-
edness beyond appropriation. L.
1876, p. 180, c. 192.
The act (2 L. 1871, p. 1912, c.
Lis pendens may be filed in 831), protecting private parks,
action affecting leasehold interest. &c., and encouraging propagation
Ruck v. Lange, 10 Hun, 303.
of fish and game, amended in §§ 3,
4, 6 and 9, by L. 1876, p. 326, c.
347; by making injuries, &c.,
misdemeanors; by making its
Injury to market value merely. prohibition on unauthorized hunt-
Ruckman v. Green, 9 Hun, 225. ing and fishing more stringent, and
Rafts of timber continuously giving further remedies.
moored, a nuisance. Moore v.
Jackson, 2 Abb. New Cas. 211.
Action for damages by a cause Ejectment by grantee in trust,
out of this State. Ruckman v. and devisee. Porter v. McGrath,
Green, 9 Hun, 225.
Pollution of stream
liability of several persons.
man v. Palmer, 9 Hun, 517.
41 Super. Ct. (J. & S.) 84.
several Guardian in socage proper plain-
Chip-tiff in ejectment; legal owner
proper plaintiff, although holding
mercly as security for a debt. Cag-o. First Cong. Soc., 65 N. Y.
ger v. Lansing, 64 N. Y. 417. 278.
Ejectment to be by lunatic, not General assignee of insolvent
by committee. Burnet v. Book- firm, and representatives of de-
staver, 10 Hun, 481.
ceased and insolvent debtors, may
Suing in representative capac join in action for accounting.
ity. Stilwell v. Carpenter, 2 Alb. Haines v. Hollister, 64 N. Y. 1.
New Cas. 238.
In action to enforce legacy in
Representatives of a deceased trust. Smith v. Van Ostrand, 64
defendant joined with a surviving N. Y. 278; 3 Hun, 450; 5 T. & C.
defendant. Divine v. Duncan, 2 664.
Right of tenant in common of
Action by receiver of a corpora- real property to sue co-tenant.
tion sustained against only wrong-Joslyn v. Joslyn, 9 Hun, 388.
doing stockholders and directors. Colleagues in office to join in
Van Cott v. Van Brunt, 2 Abb. New suing for disbursements, though
Cas. 283.
not for services. Cornell 0.
Pledgee of mortgage, when ne- Mayor, &c. of N. Y., 9 Hun, 285.
cessary party in foreclosure of a Nominal interest does not sustain
mortgage. Simson v. Satterlee, tax-payer's action. Hull v. Ely, 2
64 N. Y. 657.
Abb. New Cas. 440.
Persons having equitable inter- Equitable defense does not en-
est under parol agreement, not title defendant to have others
necessary parties in foreclosure. joined. Webster v. Bond, 9 Hun,
Haven v. Daly, 41 Super. Ct. (J. & 437.
S.) 348.
Grantee by deed subsequent to
When no bar to foreclosure,
the mortgage who claims equitable Reid v. Gardner, 65 N. Y. 578.
priority, a proper party, and prior- Fees allowed referee to sell on.
ity may be determined in the fore- Daby v. Jacot, 2 Abb. New Cas. 97;
closure. Brown v. Volkening, 64 Richards v. Richards, Id. 93.
N. Y. 76.
City having awarded compensa-
tion for part of mortgaged prem- Effect of doing business in ficti-
ises, not necessary party to fore-tious name. Wood v. Erie Railw.
closure. Hooker v. Martin, 10 Co., 9 Hun, 648; Bull's Head Bank
Hun, 302.
v. McFeeters, 41 Super. Ct. (J. &
S.) 215.
In action on policy running to
A for benefit of B. Roussel v. St.
Nicholas Ins. Co., 41 Super. Ct.
(J. & S.) 279. And see 65 N.
Y. 6.
Effect of note given by a partner
for individual debt. Rust v. Hau-
selt, 41 Super. Ct. (J. & S.) 467.
Transfer of paper for individual
In action against corporation, debt, with promise to pay co-part-
relief against individual trustees ners.
not parties as such, refused. Davis 438.
Rules as to real property. Fair-|
child . Fairchild, 64 N. Y. 471;
5 Hun, 407.
Effect of assignment of interest
PLACE OF TRIAL.
Action against sheriff and others.
Wintjen v. Verges, 10 Hun, 576.
Change of for convenience of wit-
in. Morss v. Gleason, 64 N. Ynesses. Wiggin v. Phelps, 10 Hun,
204; 2 Hun, 31.
Falsity of certificate of limited
partnership. Durant v. Aben-
droth, 41 Super. Ct. (J. & S.) 53.
PATENTS (FOR INVENTIONS).
Validity of note given for.
Eastman v. Shaw, 65 N. Y. 522.
PATENTS (FOR Lands).
For land under water. People
v. Colgate, 9 Hun, 708.
To possessor of non-negotiable
PLANK ROAD AND TURN-
PIKE COMPANIES.
General act amended. L. 1876.
p. 461, c. 435; Id. p. 103, c. 135.
See HIGHWAYS.
Allegations in pleadings, relate
to time of begining suit. Burns
v. O'Neil, 10 Hun, 494.
Designation of wife as such not
sufficient allegation. Broome .
Taylor, 9 Hun, 155.
Immaterial whether plaintiffs
note, good. Merritt v. Cole, 9 claim as grantees or assignees,
To unauthorized attorney. Jo-
sephthal v. Heyman, 2 Abb. New
Cus. 22.
When taking obligation of third
person is. Duden v. Waitzfelder,
2 Abb. New Cas. 295.
when suing for rent. Bowman .
Keleman, 65 N. Y. 598.
Under allegation that plaintiff is
assignee, recovery as real party in
interest may be sustained. Pitney
v. Glen's Falls Ins. Co., 65 N. Y.
16, 18; 61 Barb. 335.
Draft taken in lieu of cash,
Mode of counting on a reward,
not taken in payment. Bliss v. and on a claim for services.
Schwarts, 65 N. Y. 444.
Brague v. Lord, 2 Abb. New Cas. 1.
Proof of non-payment for more Liability as heir, and as next of
than 20 years, does not raise pre-kin, for ancestor's covenant, can-
Objection to pleading when not
available on appeal, if not taken
Requisites of indictment, and at trial. Hofgesang v. Meyer, 2
questions of variance. Harris v. Abb. New Cas. 111.
People, 64 N. Y. 148; 4 Hun, 1.
Executor, &c., how designated
in bringing an action. Stilwell
v. Carpenter, 2 Abb. New Cas. 238.
When trustees individually, and
Skill required of a surgeon.
Carpenter v. Blake, 10 Hun, 358. not corporation, should be named.
|