Evidence in proceedings against relator, as
hief of fire department, before the fire com-
issioner, examined, and held insufficient to
ustain the findings of the commissioner that
lator was guilty of charges, brought with a
iew to his removal from office.-People v.
turgis (Sup.) 687.

Bias or prejudice on the part of the fire com-
issioner did not deprive him of power to hear
nd determine charges against the chief of fire
epartment, instituted for the purpose of re-
oving him from office.-People v. Sturgis
Sup.) 687.

The chief of fire department was not guilty
conduct unbecoming an officer in returning
om his unexpired leave of absence and resum-
g command, as vacation is a personal privi-
ge, that may be waived.-People v. Sturgis
Sup.) 687.

An error in judgment by the chief of fire
epartment in conducting operations at a fire
ould not be ground for removal.-People v.
turgis (Sup.) 687.

Chief of fire department held not guilty of
onverting public property to private use by
oring hose at places removed from fire houses.
People v. Sturgis (Sup.) 687.

§ 3. Public improvements.

Specifications in an advertisement for pro-
posals for paving a street held not to afford a
fair and reasonable opportunity for competition
with a patented pavement, as required by New
York City Charter, § 1554, Laws 1901, p. 642,
c. 466.-Barber Asphalt Paving Co. v. Wilcox
(Sup.) 69.

Oswego City Charter (Laws 1895, p. 621, c.
394, § 44), held not to prevent city from requir-
ing the laying of lateral gas and water con-
nections in a street to the edge of abutting
property as a preliminary to paving the street,
without the consent of abutting owners.-Dono-
van v. City of Oswego (Sup.) 155.

A city ordinance as amended, requiring con-
sent of property owners to certain improve-
ments, held not to apply to an improvement
where the city's portion thereof was payable
from a fund previously voted by the city at a
special election to be raised from taxation for
such improvements.-Donovan v. City of Os-
wego (Sup.) 155.

A notice of intention to make a public im-
provement required by Oswego City Charter, &
141 (Laws 1895, p. 621, c. 394, as amended by
Laws 1897. p. 235, c. 263), held not objectiona-
ble for failure to include notice of the making
of lateral gas, water, and sewer connections.

Evidence considered, and held, that an im-
artial trial was not allowed the chief of fire
epartment on charges of prejudicial conduct-Donovan v. City of Oswego (Sup.) 155.
ward some of his subordinates.-People v.
turgis (Sup.) 687.

Chief clerk in office of coroner of borough of
fanhattan held a regular clerk, who cannot be
ischarged, except on charges, and without a
earing.-People v. Scholers (Sup.) 713.

2. Contracts in general.

Under Laws 1896, p. 751, c. 626, the com-
issioner of correction of the city of New
ork held entitled to employ architects to pre-
are plans and specifications, and also to su-
ervise the work on the construction of a build-
g.-Withers v. City of New York (Sup.) 1105.
Subsequent acceptance of plans and specifi-
ations, and the supervision of work by archi-
ects employed by the New York commission-
r of correction, before passage of Laws 1896,
751, c. 626, authorizing such employment,
eld a ratification thereof.-Withers v. City of
ew York (Sup.) 1105.

Oswego City Charter, §§ 130, 140, and section
320, subd. 2 (Laws 1895, p. 621, c. 394, as
amended by Laws 1897, p. 235, c. 263), held
to authorize the city to require the laying of
lateral water, gas, and sewer connections, with
conduits, in the street, before the street was
paved.-Donovan v. City of Oswego (Sup.) 155.

Under a city charter requiring the return of
an excess collected from assessments for a mu-
nicipal improvement, the fact that the esti-
mated cost included an unitemized 5 per cent.
contingent fund, did not render the assessment
invalid.-Donovan v. City of Oswego (Sup.)

155.

An assessment for street improvement, levied
on the basis of the front-foot rule, held not er-
roneous, in the absence of proof that such levy
was not in fact in accordance with the bene-
fits conferred.-Donovan v. City of Oswego
(Sup.) 155.

Employment of architects by the commission- In an action for the vacation of an assess-
of correction to prepare plans and supervise ment for street improvement levied by the
le construction of additions to the city prison, front-foot rule, evidence that an objector's prop-
nder Laws 1896, p. 751, c. 626, held to termi-erty was not benefited by the improvement did
ate on the completion of the building.-Withers not establish that the method of laying the as-
City of New York (Sup.) 1105.
sessment was invalid.-Donovan v. City of Os-
wego (Sup.) 155.

In an action for architect's services, whether
laintiffs' compensation had been fixed at 5
er cent. of the estimated cost of the building
ld a question for the jury.-Withers v. City of
ew York (Sup.) 1105.

Architects, appointed by commissioner of cor-
ection, under Laws 1896, p. 751, c. 626, held

ot entitled to recover for work done after
eir removal, not approved by the board of
stimate and apportionment.-Withers v. City
New York (Sup.) 1105.

That a particular lot abutting an improve-
ment was more valuable than another, because
of improvements thereon, did not establish that
an assessment on both by the front-foot rule
was unequal.-Donovan v. City of Oswego
(Sup.) 155.

An objector to assessments for street im-
provement, alleged to have been levied without
jurisdiction of the assessors, held entitled to re-
view the assessments by a suit in equity, and

and 120 New York State Reporter

not limited to relief obtainable on certiorari.- | and others.-City of New York v. Otto Sarony
Donovan v. City of Oswego (Sup.) 155.

Irregularities in the affidavits of the sureties
of the bidder and of the affidavit of the bidder
for a contract for the erection of a public build-
ing held no ground for sustaining a suit by a
taxpayer to restrain the letting of the contract
under Laws 1892, p. 620, c. 301.-McCord v.
Lauterbach (Sup.) 503.

Co. (Sup.) 27.

Where ordinance prescribed a penalty, the
court could not, in an action to recover the
same, dispense with its imposition; the viola-
tion thereof being proven.-City of New York
v. Hewitt (Sup.) 832.

Where ordinance prescribed penalty for use
of a false balance, without requiring proof of
intent, such proof held unnecessary.-City of
New York v. Hewitt (Sup.) 832.

That the bids for a public building to be con-
structed under the rules of the board of educa-
tion of New York City were not opened im-
City ordinance relative to standard weighing
mediately held no ground for enjoining the let-apparatus held to be directed against the use of
ting of the contract at the instance of a tax- incorrect scales, etc., and not at their inten-
payer, under Laws 1892, p. 620, c. 301.-Mc- tional alteration.-City of New York v. Hewitt
Cord v. Lauterbach (Sup.) 503.
(Sup.) 832.

That the bids for "mason, steel, iron," etc.,
for a public building, were deposited in a box
marked "plumbing," was no ground for sus-
taining a suit, under Laws 1892, p. 620, c.
301, to restrain the letting of the contract.-
McCord v. Lauterbach (Sup.) 503.

Judgment on foreclosure of lien for erection
of school building held properly rendered against
contractors in form, but enforceable against the
fund due the contractors.-Westgate v. Shirley
(Sup.) 593.

Service of notice of lien for work done on a
school building, under Laws 1897, pp. 520, 522,
c. 418, §§ 12, 17, as amended by Laws 1902,
pp. 74, 75, c. 37, held properly made on finan-
cial officer charged with disbursement of a
fund.-Westgate v. Shirley (Sup.) 593.

Errors in the notice of lien for work and ma-
terials in the erection of a school building, which
are nonjurisdictional, will be disregarded.
Westgate v. Shirley (Sup.) 593.

Property owners, assessed for a public im-
provement, held not entitled to maintain a suit
to restrain the collection of assessments, though
they were damaged by reason of the failure of
the municipality and its officers to complete
the work. Astoria Heights Land Co. v. City
of New York (Sup.) 651.

Under the provisions of the law providing for
a public improvement, municipality held not lia-
ble for any neglect or nonperformance on the
part of the commissioners empowered to direct
the work.-Astoria Heights Land Co. v. City
of New York (Sup.) 651.

Under a statute authorizing a public improve-
ment, municipality held not liable on any con-
tract between the commissioners empowered to
direct the work and the property owners there-
by affected.-Astoria Heights Land Co. v. City
of New York (Sup.) 651.

Municipal ordinance relative to standard
weighing machines held presumed reasonable.-
City of New York v. Hewitt (Sup.) 832.

Sanitary Code of City of New York, § 195,
held not to prohibit the keeping of horses in
stables.-People v. Edelstein (Sup.) 861.

§ 5. Use and regulation of public pla-
ces, property, and works.

In action for injuries sustained by one while
working in a hole in a street, held, that the
jury might properly find that the hole was not
a common-law nuisance.-Boston v. Abraham
(Sup.) 863.

In an action for injuries sustained by plain-
tiff, owing to defendant's wagon having been
driven into a hole in which plaintiff was work-
ing negligence on the part of defendant.—Bos-
ing, held, that the jury were warranted in find-
ton v. Abraham (Sup.) 863.

6. Torts.

City held not relieved from liability for negli-
gent maintenance of water pipe, by the fact
that the pipe which broke was used for con-
ecting principal main with a fire hydrant.-
Dunston v. City of New York (Sup.) 562.

City held liable for damages caused by water
pipe negligently maintained in leaky condition,
although such condition was brought about by
the negligence of independent contractor.-Dun-
ston v. City of New York (Sup.) 562.

In action for injuries to horse in village street,
whether plaintiff was guilty of contributory neg-
ligence in driving a colt into the village held
properly submitted to the jury.-Bradner v.
Village of Warwick (Sup.) 935.

The fact that no previous accident had been
caused by presence of ditch in village street
held not to show as matter of law that peril
Was not to be anticipated.-Bradner v. Vil-

Municipality held liable to the persons benefit-lage of Warwick (Sup.) 935.
ed by an improvement for the damages sustain-
ed by the failure of an improvement commis-
sion, empowered to direct the work, to com-
plete it.-Astoria Heights Land Co. v. City of
New York (Sup.) 651.

Presence of ditch in village street held to
tend to make travel dangerous.-Bradner v.
Village of Warwick (Sup.) 935.

§ 4. Police power and regulations.
Stationary ornamental awning, projecting five
feet into street, held within inhibition of city
ordinance prohibiting certain named projections

Failure of city to remove snow from cross-
walk held not negligence.-O'Shaughnessey ▼.
Village of Middleport (Sup.) 944.

In an action for injuries by the falling of a
sidewalk and a private platform, an instruction
authorizing a recovery, if the injury resulted

-a a defect in the sidewalk or platform, held
r.-Leggett v. City of Watertown (Sup.)

Fiscal management, public debt,
securities, and taxation.
ailure to follow the requirement of the New
k City charter that the assessment roll shall
delivered to the receiver of taxes on Sep-
iber 1st does not vitiate the tax.-City of
w York v. Ferris (Sup.) 600.

MUTUAL BENEFIT INSURANCE.
See "Insurance," § 11.

MUTUAL BENEFIT SOCIETIES.

See "Beneficial Associations."

NAMES.

ffidavit of New York City deputy tax com-
ssioner, made in conformity to Charter, See "Trade-Marks and Trade-Names."

ws 1897, p. 317, c. 378, § 889, held conclusive
defendant in city's action to collect tax.-
y of New York v. Vanderveer (Sup.) 659.

NAVIGABLE WATERS.

Official certificates, made in tax proceedings See "Ferries"; "Waters and Water Courses."
suant to New York City Charter, Laws
97, pp. 87, 88. 322, 323, 325, c. 378, §§ 247-
9, 900, 902, 907, held conclusive on defendant
city's action to collect tax.-City of New
rk v. Vanderveer (Sup.) 659.

Under New York City Charter, Laws 1897,
318, c. 378, § 892, publication in city rec-
1 of notice that record of assessments is
en for public inspection held sufficient.-City
New York v. Vanderveer (Sup.) 659.
Presumption indulged that no designation of
wspaper, other than City Record, was made
board of city record, under New York City
harter, Laws 1897, p. 318, c. 378, § 892.-
ity of New York v. Vanderveer (Sup.) 659.
Burden held on defendant sued by city for
xes to show noncompliance with New York
ity Charter, Laws 1897, p. 318, c. 378, § 892.
regard to keeping assessment record open
or inspection.-City of New York v. Vander-
eer (Sup.) 659.

Defendant, in city's action to collect tax,
eld not shown to be estopped to question va-
dity of assessment roll.-City of New York v.
́anderveer (Sup.) 659.

Presumption indulged that when vice presi-
ent and acting chairman of New York City
ouncil executed tax warrant, conditions exist-

d authorizing him to do so.-City of New York
. Vanderveer (Sup.) 659.

Pleadings in city's action to collect tax held
o require it to prove valid assessment roll.
ity of New York v. Vanderveer (Sup.) 659.
Valid assessment roll, being shown in city's

action to collect tax, held conclusive on defend-
359.

int.-City of New York v. Vanderveer (Sup.)

Evidence in a suit to collect a tax on per-
sonal property held to establish a prima facie
case, entitling plaintiff to a judgment.-City of
New York v. Streeter (Sup.) 665.

MUNICIPAL COURTS.

NECESSARIES.

Liability of husband for necessaries furnished
wife, see "Husband and Wife," § 1.

NEGLIGENCE.

By particular classes of parties.
See "Carriers," §§ 2, 4; "Municipal Corpora-
tions," § 6; "Warehousemen."
Attorneys, see "Attorney and Client," § 2.
Driver on street in city, see "Municipal Corpo-
rations," § 5.

Employers, see "Master and Servant," § 2.
Railroad companies, see "Railroads," § 3.
Savings bank, see "Banks and Banking," § 3.
Condition or use of particular species of property,

works, or machinery.

See "Bridges," § 2; "Electricity"; "Explosives";
"Railroads," § 3; "Street Railroads," § 1.
Demised premises, see "Landlord and Ten-
ant," § 4.
Street in city, see "Municipal Corporations," § 5.
Contributory negligence.

Estoppel on appeal to deny exoneration from,
see "Appeal," § 5.
Of driver of horse injured on village street, see
"Municipal Corporations," § 6.

Of driver of wagon injured by operation of
street railroad, see "Street Railroads," § 1.
of person injured by electricity, see "Electrici-
Of passenger, see "Carriers," § 5.

ty."

Of person injured by explosion, see “Explo-

sives."

Of person injured by operation of railroad, see
"Railroads," § 3.

Of person injured by operation of street rail-
road, see "Street Railroads," § 1.

Of servant, see "Master and Servant," § 2.
Of tenant, see "Landlord and Tenant," § 4.

§ 1. Acts or omissions constituting
negligence.

A subcontractor engaged in excavating held
guilty of negligence in breaking a water pipe,
from which water escaped and flowed onto the
premises of another.-Wheeler v. Norton (Sup.)
1095.

and 120 New York State Reporter

In an action for injury to a child, an instruc-|
tion as to imputed negligence of mother held er-
roneous. Carr v. Merchants' Ice Co. (Sup.) 368.
While plaintiff must establish freedom from See "Descent and Distribution."
contributory negligence, yet where the circum-
stances are proved, and they exclude fault on
plaintiff's part, due care may be inferred.-
Wolpers v. New York & Queens Electric Light
& Power Co. (Sup.) 845.

On trial by court without jury, see "Trial," § 5.
On trial in general, see "Trial," § 3.

In an action for injuries to a child, held er-
ror to dismiss complaint before plaintiff had
presented all his evidence, but, if that was im-
possible, because of want of an interpreter,
cause should have been remanded to calendar. Promissory notes, see "Bills and Notes."
Mennella v. Metropolitan St. Ry. Co. (Sup.) 930.

Where, on the sale of a business, the pur; In civil actions, see "Evidence," § 7.
haser assumed a debt of the seller, a demand
y the creditor on the purchaser for payment
hereof constitutes an acceptance of the prom-
se.-Lyon v. Clochessy (Sup.) 245.

alidity of contracts with as affected by pub- Bank, see "Banks and Banking," § 3.

Statement of facts and law on trial by court by Code Civ. Proc. § 490.-Town of Palatine v.
without jury, see "Trial," § 5.