Page images

and 120 New York State Reporter
to quit before the end of the monthly period, i literary topics, is not libelous per se.-Triggs 5.
under Laws 1882, p. 369, c. 303, or a three Sun Printing & Publishing Co. (Sup.) 486.
days' notice for nonpayment of rent, under
Code Civ. Proc. 8 2231, subd. 2, a judgment in

Charging plaintiff with keeping house of pros-
summary proceedings in favor of the landlord titution held slanderous per se.-Wilkens .
was unsustainable.-Miller v. Lowe (Sup.) 16.

Hammann (Sup.) 744.
Where, in dispossess proceedings, the petition 8 2. Actions.
is based on a monthly hiring, and the proof In an action for libel, an order striking out »
shows a tenancy from month to month, the much of a subsequent paragraph of the answer
fact that a 30-lay notice to quit was served as merely reiterated the contents of a general
held to avail plaintiff nothing.–Bent v. Ren- denial pleaded in a previous paragraph held
ken (Sup.) 110.

proper.-Dinkelspiel v. New York Evening Jour-
Variance between petition and proof in dis- nal Pub. Co. (Sup.) 375.
possess proceedings held fatal.-Bent v. Ren-

In an action for libel, a paragraph of the an-
ken (Sup.) 110.

swer alleging a specific act of impropriets by
In summary proceedings by a landlord, held plaintiff, which was connected with the stt-
that, under Code Civ. Proc. $ 2254, the tenant ject of the libel, held not irrelevant.-Dinkel.
may be relieved on payment of rent and costs spiel v New York Evening Journal Pub. Co.
into court, without a formal order of removal (Sup.) 375.
first issuing.-Flewellen v. Lent (Sup.) 919.

In an action for libel, a paragraph of the an-

swer denying express malice held not irrelevant.

--Dinkelspiel v New York Evening Journal

Pub. Co. (Sup.) 375.
§ 1. Offenses and responsibility there-

Allegations of answer in justification of libel
It is not neressary that a trespass should Co. (Sup.) 454.

held relevant.-Westervelt v. New York Times
have been committed to establish the crime of
larceny.-People v. Mills (Sup.) 529.
Under Pen. Code, 8 531, subd. 3, one who

secured indictments by bribing district attor-
ney's office held guilty of grand larceny in sec- For sale of intoxicating liquors, see "Intori-
ond degree.-People v. Mills (Sup.) 529.

cating Liquors," $ 1.
Of foreign corporations, to do business, see “Core

porations," $ 6.

§ 1. For occupations and privileges.
Decision on appeal, see "Appeal and Error," Under Laws 1902, c. 506, § 9, subd. 23, and
$ 5.

section 41, p. 1217, as amended by Laws 143,

p. 405, c. 192, street commission of Saratoza

Springs held authorized to revoke a hacaman's
Judicial notice of, see “Evidence," $ 1.

license for his failure to comply with a regula-
tion governing his business.-People v. Sever.

Water & Street Commission of Village of Sara-

toga Springs (Sup.) 45.
See “Landlord and Tenant."

Acts of a hackman held to constitute a viola-
Effect of discharge of tenant in bankruptcy, see hibiting him from 'driving through the streets

tion of Laws 1902, p. 1216, c. 506, $ 10), pro-
"Bankruptcy," $ 3.

soliciting patronage.-People F. Sewer, Water &

Street Commission of Village of Saratoga

Springs (Sup.) 115.
See “Wills."

§ 2. In respect of real property.

Parol license from owners of land to lay

mains therein held revocable by subsequent

grantee.-Jayne v. Cortland Waterworks Co.
See “Taxation," $ 7.

(Sup.) 571.


of attachment, see "Attachment," $ 2. Effect of proceedings in bankruptcy, see "Bank-

ruptcy,” $ 2.

Particular classes of liens.
Change of venue, see "Venue," $ 2.

See "Mechanics' Liens."

Attorney's lien, see "Attorney and Client," $ 3.
§ 1. Words and acts actionable, and Charge on legacy, see "Wills," $ 5.
liability therefor.

For work and materials furnished to municipal
An article published of an instructor in a uni- corporation, see “Municipal Corporations,"
versity, ridiculing his opinions and criticisms on $ 3.



$ 1. Subjects and purposes of relief.

Attorney General's approval of receiver's con-

tract for employment of attorney, required by

Laws 1902, p. 114, c. 60, $ 4, held, on facts,
? "Insurance," $$ 3, 6, 7, 10.

uot subject to control by mandamus.-Candee
v. Cunneen (Sup.) 723.

Where canvass of vote was not as prescrib-
LIMITATION OF ACTIONS. ed by election law (Laws 1896, pp. 940, 953, c.

909, 88 81, 103, and Laws 1896, p. 961, c. 909,
a "Adverse Possession."

$ 110, subd. 3, as amended by Laws 1898, p.
Particular actions or proceedings.

972, c. 335), issuance of writ of mandamus re-

quiring a recanvass held within discretion of
ir compensation of attorney, see "Attorney court.-People v. Way (Sup.) 892.
ind Client." $ 3.
i insurance policy, see "Insurance," § 10.

Statutory provisions authorizing mandamus

proceedings in election cases held not to devest
1. Computation of period of limita- court of jurisdiction to issue writ commanding

inspectors to convene and perform their_du-
Under Code Civ. Proc. $$ 389, 396, the cause

ties as prescribed by statute.-People v. Way
action for a constructive fraud of a guard- (Sup.) 892.
a in socage in purchasing his ward's prop
ty at foreclosure accrued at the time of the

rchase, and was outlawed one year after ces-
tion of ward's infancy.--Cahill v. Seitz (Sup.) See “Mandamus."

To lower court or decision on appeal, see “Ap-
The doctrine of reasonable time after major-

peal," § 8.
for disaffirmance or approval of acts done
infancy does not affect the operation of lim-

itions on actions accruing during infancy.-
ahill v. Seitz (Sup.) 1009.

See "Homicide."



f carrier, see "Carriers," 8 2.

See "Insurance," § 4.


te "Intoxicating Liquors.”

See "Divorce"; "Husband and Wife."
Agreement in consideration of marriage as with-

in statute of frauds, see "Frauds, Statute of,"

§ 2.
'endency of other action ground for abate-

ment, see “Abatement and Revival," $ 1.

See "Husband and Wife," $ 2.

lecovery of money loaned, see "Money Lent."

See "Husband and Wife."

Bona fide holders of lost checks, see "Bills and
Notes," $ 3.

See "Apprentices”; “Work and Labor."

Admissions by employés, see "Evidence," $ 5.

Bill of particulars in action for breach of con-
Production and use of electricity, see "Elec- Construction of employers' liability act, see

tract of employment, see "Pleading,” § 6.

“Statutes," $ 2.

Contracts of employment by corporations, see

“Corporations," $ 3.

Employers' liability law as denying due protec-
see “Physicians and Surgeons."

tion of law, see “Constitutional Law," 8 6.
Separate statement of causes of action, see Employers' liability law as denying equal pro-
"Pleading," 2.

tection of law, see “Constitutional Law," 8 5.
plaintiff of the approach of danger, held plaia-
juries, see “Evidence," $ 3.

and 120 New York State Reporter
Employés of municipal corporations, see "Yu- A servant having voluntarily consented to
nicipal Corporations," § 1.

work in a dangerous position, with knowledge
Excessive damages for personal injuries, see of the surrounding circumstances and with the
“Damages," $ 3.

precautions afforded him, held to hare assume!
Expert testimony, see "Evidence," $ 8.

the risk of injury, potwithstanding such precau-
Fidelity insurance, see "Insurance,” &$ 4, 10. tions.-Ryan v. Third Ave. R. Co. (Sup.) 1070.
Opinion evidence in action for personal injuries,

Plaintiff's foreman, while watching to warn
see "Evidence," 8.
Relevancy of evidence in action for personal in- tiff's fellow servant, so as to relieve defendant

from liability for injuries caused by the fore
Secondary evidence as to rules of employer, see

man's negligence in performing such duty.-
“Evidence," $ 4.

Ryan v. Third Ave. R. Co. (Sup.) 1070.
8 1. Services and compensation.

Where a street railway company furnished a
Evidence in servant's action for wages held cable oiler with another servant to keep watch
to sustain finding of employment.-Daly v. for approaching cars, while the oiler was in :
Minke (Sup.) 92.

dangerous position in a wheel pit, the company
§ 2. Master's liability for injuries to ing to provide a reasonably safe place for him

was not liable for injuries to the oiler, for fail-

to work.-Ryan y. Third Are. R. Co. (Sep.)
Under Laws 1902, p. 1749, c. 600, 81, subd.

2, the employers' liability act, negligence of
superintendent, resulting in injury to employé, ! The negligence of employés in failing to con-
held to entitle employé to recover in action struct a scaffolding in the manner prescribed
against employer therefor.-Bellegarde v. Union by Laws 1897, p. 467, c. 415, $ 18. held not im-
Bag & Paper Co. (Sup.) 72.

puted to the employer. – Rotondo v. Smyth
One who attends machine for conveying arti-

(Sup.) 1103.
cles from one floor to another held to assist in The negligence of employés in failing to fasten
operating it, within Laws 1897, p. 480, c. 415, a scaffolding as required by Laws 1997, p. 167,
$ 81.--Gallenkamp v. Garvin Mach. Co. (Sup.) : 415, $ 18, held not imputed to the employer. -

Rotondo v. Smyth (Sup.) 1103.
Machine for conveying articles from one floor $ 3. Actions.
to another of a factory held a dangerous ma- Laws 1902, p. 1749, C. 600, § 2, condition-
chine, within Laws 1897, p. 450, c. 415, $ 81, ing recovery for servants' injuries under the
prohibiting its operation by children under 16. act on the giving of 120 days' notice, does not
-Gallenkamp v. Garvin Mach. Co. (Sup.) 378. apply to an action by the servant against the
It is not a defense, to a station agent's ac-

master for breach of a common-law duty.-
tion for injuries from an open trench dug by Rosin v. Lidgerwood Mfg. Co. (Sun.) 49.
the company on his premises, that, had the Contributory negligence of boy 15 years old,
trench been upou the company's premises, he attending machine for conveying tools from one
still would have fallen into it.-Wood v. New toor to another of a factory, haid for the jury.
York Cent. & H. R. R. Co. (Sup.) 817.

-Gallenkamp v. Garvin Mach. Co. (Sup.) 378.
A car repairer held not guilty of contributory Whether a trench, crossed by braces to hold
negligence as a matter of law in failing to look the surface earth, was a safe place to work,
a third time to see that the trolley pole was held a question for jury:-Winters v. Naughton
off the wire before going under the car, after (Sup.) 139.
he had left it to go a short distance for a

Evidence of discharge of co-servant, alleged
piece of material to use in the work.--Quinn v.

to have been incompetent, the day after injury,
Brooklyn Heights R. Co. (Sup.) 883.

held inadmissible.- Winters v. Saughton (Sup.
The negligence of a car starter in directing 439.
the movement of a defective car, which plaintiff In action for injuries to employé, failure of
was engaged in repairing, without notice to master to explain the cause of the fall of a
plaintiff, held the negligence of a vice principal, derrick held to demand verdiet for plaintiff.-
for which defendant was liable.-Quinn v. Gorman v. Milliken (Sup.) 699.
Brooklyn Heights R. Co. (Sup.) 883.

Station agent, injured by falling into trench
Employé, as cranesman on derrick car, held dug by railroad company, held not chargeable as
to have assumed risk of injury resulting from a matter of law with notice thereof, so as to
his failure to anchor the car.- Wagner v. New render him guilty of contributory negligence.-
York, C. & St. L. R. Co. (Sup.) 921.

Wood v. New York Cent. & H. R. R. Co. (Sup.)
One employed on a derrick car held guilty of

contributory negligence in having failed to an- Evidence, in an action for injuries to a quar-
chor the car.-Wagner v. New York, C. & St. L. ry employé, engaged in driving a carload of
R. Co. (Sup.) 921,

stone, considered, and held to present a ques.
A railroad company held, as matter of law, tion for the jury as to whether the accident
not required to prescribe and observe both of

was caused by the insufficiency of the brake
two rules to prevent injury to one cleaning out used for checking the car.-Allison v. Long
the ashpan of a locomotive by its being started Clove Trap Rock Co. (Sup.) 833,
up while he is under it.-- Lane v. New York A car repairer, injured in the process of his
Cent. & H. R. R. Co. (Sup.) 917.

work, held entitled to go to the jury on the

question of defendant having failed to furnish

i safe place to work by failing to promulgate
cules, etc.-Quinn v. Brooklyn Heights R. Co. School district meetings, see "Schools and
(Sup.) 883.

School Districts," § 1.
In an action for injuries to a car repairer, a
verdict in favor of plaintiff on an issue as to

whether a rule for the protection of car re-
pairers had ever been brought to plaintiff's Of cause of action in judgment, see "Judg-
knowledge held not contrary to the weight of ment," $ 4.
evidence.-Quinn v. Brooklyn Heights R. Co.
(Sup.) 883.

In an action for injuries to a car repairer,
evidence that it was the custom in defendant's Fraud in sale of mining stock, see “Fraud,"
shop for persons to sign rules promulgated from 8 1.
tiine to time by the shop foreman held inad-
missible, ou an issue as to whether the plain-

tiff signed or had knowledge of a particular
rule alleged to have been adopted.-Quinn v.

See "Infants."
Brooklyn Heights R. Co. (Sup.) 883.
In an action for injuries to a car repairer,

refusal of the court to permit defendant, on see "Fraud.”
cross-examination of the motorman, sworn as
plaintiff's witness, to prove that he put the
trolley pole on the wire and that the car was

lighted, etc., held proper.-Quinn v. Brooklyn
Heights R. Co. (Sup.) 883.

Evidence in action for recovery of loan held
In an action for negligent death, evidence dismissal of complaint improper.-Boehringer

to present disputed question of fact, rendering
held insuthcient to sustain finding that employer v. Hirsch (Sup.) 126.
did not furnish suitable appliances.-Wagner v.
New York, C. & St. L. R. Co. (Sup.) 921.

§ 4. Liabilities for injuries to third

Action to recover dividends of dissolved corpo-
Evidence held insufficient to establish employ- ration, see “Corporations,” $ 5.
ment by defendant and direction to work in a
plae which defendant was bound to make safe.

-Glaser v. Michelson (Sup.) 286.

A master held not liable to a third person for a Grants of privileges or immunities, see “Con-
certain tort of his servant.-Kennedy v. White

stitutional Law," § 4.
(Sup.) 832.

l. Trusts and other combinations in

restraint of trade.

Temporary injunction granted, restraining de-

fendants from carrying out illegal combination,
See "Damages," $ 2.

preventing, plaintiffs from purchasing books. –

Straus v. American Pub. Ass'n (Sup.) 1091.
For breach of warranty, see “Sales," $ 5.
For delay in delivery of goods by carrier, see
"Carriers," $ 2.

For injury' to water supply, see "Waters and Tenancy from month to month, see “Landlord

Water Courses," $ 1.
For waste on mortgaged premises, see “Mort-

and Tenant," $ 3.
gages," $ 1.
For wrongful conversion of personalty, see

"Trover and Conversion," $ 1.

Parol evidence as to location of ancient monu-

ments, see "Evidence," $ 7.
Effect of proceedings in bankruptcy, see “Bank-

ruptcy," $ 2.

By or to corporations, see "Corporations," § 3.
§ 1. Right to lien.

Of personal property, see "Chattel Mortgages."

Reformation of, see "Reformation of Instru-
Evidence examined, and held sufficient to sus-

ments," $ 2.
tain a finding that a wife knew of the use of
materials furnished her husband in the con- | $ 1. Rights and liabilities of parties.
struction of buildings on land owned by her, Removal of certain steel beams and lintels,
so as to make them subject to mechanic's lien. incorporated in a building before it was mort-
.-Hurd v. Wing (Sup.) 907.

gaged, held to constitute waste, impairing the
Detective sergeant, assigned to and aceptia

[ocr errors]
[ocr errors]

and 120 New York State Reporter
mortgage's security.-E. H. Ogden Lumber Co.

v. Busse (Sup.) 1098.

In an action by a mortgagee against a third Laws relating to registration and tagging of me
person for waste, the insolvency of the mort- tor vehicles as class legislation, see "Cossti-
ga gor is immaterial.-E. H. Ogden Lumber Co. tutional Law," § 4.
v. Busse (Sup.) 1038.

Evidence that defendant had been served with MUNICIPAL CORPORATIONS.
the summons and complaint in proceedings to
foreclose a mortgage before defendant commit- See "Schools and School Districts," { 1:
ted waste on the premises held sufficient to show "Towns."
his knowledge of the mortgage.-E. H. Ogden Judicial notice of ordinances, see “Evidence.**
Lumber Co. v. Busse (Sup.) 1098.

8 1.
In an action by a mortgagee for waste, the Ordinances relating to intoxicating liquors, se
measure of damages is the difference in value

"Intoxicating Liquors."
of the property, unless such difference exceeds Ordinances relating to street railroads, see
the cost of repairing the injury, E. H. Ogden Rights of railroads' in streets, see “Railroads,"

"Street Railroads," $ 1.
Lumber Co. v. Busse (Sup.) 1098.

8 1.
8 2. Foreclosure by action.

Street railroads, see "Street Railroads."
A purchaser of real estate at a foreclosure
sale is entitled to a good merchantable title. 8 1. Officers, agents, and employés.
Dana v. Jones (Sup.) 1000.

duties of police sergeant, must comply with de
Burden of proof to show defect in title of-partment rules, even though assignment is in-
fered held to be on applicant to be relieved from regular.–People v. Greene (Sup.) 322.
purchase of real estate at sale on foreclosure
of mortgage.-Dana v. Jones (Sup.) 1000.

Ignorance of rules by police sergeant is an es-

cuse for their violation, the sufficiency of which
Creditor of defendant in possession held not to be determined by commissioner.-People
entitled to intervene in foreclosure action.- v. Greene (Sup.) 322.
Bouden v. Long Acre Square Bldg. Co. (Sup.)

Under New York City Charter, p. 121, 22,

police commissioners may assign detective ser-

geant to duties of police sergeant.-People ,

Greene (Sup.) 322.
Change of venue in civil actions, see "Venue,” Under New York City Charter, Laws 1901. c.
$ 2.

466, p. 122, $8 288, 20, detective sergeant may
Continuance in civil actions, see "Continuance." be reduced in rank after trial on charges.- Peo-
Direction of verdict in civil actions, see "Tri- ple v. Greene (Sup.) 322.
al," $ 3.

Evidence held insufficient to support charge
Disinissal or nonsuit on trial, see “Trial," $ 3.
Necessity of motion for new trial for purpose patrolinan from police force.-In re Koch (Sur)

of neglect of duty, warranting dismissal of
of review, see "Appeal," $ 3.

New trial in civil actions, see "New Trial,"
8 2.

Salaried city employé of the commissioner
Opening or setting aside default judgment, see of public charities held not entitled to recover
"Judgment,” 8 1.

notarial fees for which no direct appropriation
Presentation of objections for review, see "Ap-by the city had been made.-Spencer v. City
peal," $ 3.

of New York (Sup.) 573.
Quashing indictment or information, see "In-

It was improper for the fire commissioner,
dictment and Information,” $ 2.

after hearing charges against a subordinate to
Relating to pleadings, see “Pleading," 8 7.

take up the record in consultation with the cor-
Striking out evidence, see "Trial," $ 2.

poration counsel and his attorneys, who had
An order brought up for review held to be conducted the prosecution.--People's. Siurgis
an order of the county court, required by Code (Sup.) 687.
Civ. Proc. $ 326), and not a judge's order.- That the fire commissioner, on hearing car
Lawson v. Speer (Sup.) 915.

ges against a subordinate, did not consider in-
Leave to make motion for appointment of a competent evidence admitted hed not to render
referee to take a deposition, under Code Civ. the errors immaterial.- People v. Sturgis (Sup.)
l'roc. $ SS7, and to make a motion to the same

effect in a separate proceeding, held unneces- The fire commissioner, on hearing charges
sary.People v. Paine (Sup.) 1109; In re Tuell, against a subordinate, cannot admit everything

offered to sustain the charges, and exclude eri-
Orders of the court should be styled "orders of dence of as high character offered in rebuttal.
the court,” and not orders of the justice di- - People v. Sturgis (Sup.) 687.
rerting their entry.--Noncoroni v. Gross (Sup.) Evidence examined, and hrid to show that

the fire commissioner's judgment was affected

by bias and prejudice, so that he did not accord

a fair and impartial trial to the chief of fire

department on charges against him.-People F.
For homicide, instructions, see "Homicide," $ 4. | Sturgis (Sup.) 687.

« PreviousContinue »