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Evidence in proceedings agaiust relator, as $ 3. Public improvements.
C. 466.- Barber Asphalt Paving Co. v. Wilcox
property as a preliminary to paving the street,
where the city's portion thereof was payable
wego (Sup.) 155.
Laws 1897, p. 235, c. 263), held not objectiona-
- Donovan v. City of Oswego (Sup.) 155.
320, subd. 2 (Laws 1895, p. 621, c. 394, as
conduits, in the street, before the street was
pavel.-Donovan v, City of Oswego (Sup.) 155.
Under a city charter requiring the return of
of correction, before passage of Laws 1896. roneous, in the absence of proof that such levy
In an action for the vacation of an assess.
sessment was invalid.-Donovan v. City of Os-
wego (Sup.) 15).
ld a question for the jury.-Withers v. City of (of improvements thereon, did not establish that
an assessment on both by the front-foot rule
was unequal.-Donovan v. City of Oswego
view the assessments by a suit in equity, and
and 120 New York State Reporter
Co. (Sup.) 27.
of a false balance, without requiring prof of
City ordinance relative to standard weighing
incorrect scales, etc., and not at their inter-
Municipal ordinance relative to standard
held not to prohibit the keeping of borses in
stables.-People v. Edelstein (Sup.) 861,
ces, property, and works.
working in a hole in a street, held, that the
driven into a hole in which plaintiff was work-
§ 6. Torts.
City held not relieved from liability for Degli.
City held liable for damages caused by water
pipe negligently maintained in leaky condition,
ligence in driving a colt into the village beld
not to be anticipated. — Bradner v. lil-
Presence of ditch in village street held to
Failure of city to remove snow from cross-
walk held not negligence.-O'Shaughnessey F.
Stationary ornamental awning, projecting fire In an action for injuries by the falling of a
lo a defect in the sidewalk or platform, held MUTUAL BENEFIT INSURANCE.
See “Insurance,” g 11.
MUTUAL BENEFIT SOCIETIES.
See “Beneficial Associations."
Liability of husband for necessaries furnished
wife, see “Husband and Wife," § 1,
By particular classes of parties.
board of city record, under New York City Attorneys, see "Attorney and Client,” $ 2.
ir inspection.-- City of New York v. Vander-
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.
- City of New York
see "Appeal," $ 5.
Of driver of horse injured on village street, see
street railroad, see "Street Railroads," $ 1.
Of passenger, see "Carriers,” $ 5.
road, see "Street Railroads," $ 1.
1 Of servant, see “Master and Servant," $ 2.
Of tenant, see “Landlord and Tenant,” Š 4.
$ 1. Acts omissions constituting
guilty of negligence in breaking a water pipe,
from which water escaped and flowed onto the
premises of another.-Wheeler v. Norton (Sup.)
and 120 New York State Reporter
$ 1. Grounds.
In a proper case, after the rerdict on a ma-
A motion to set aside a verdict as agaizen
the weight of evidence is addressed to the
sound discretion of the trial judge. - Brill. s. -LO
Order setting aside verdict held based on pror,
1902, p. 1563, c. 580, $254.-Newbound 1. la-
Where a verdict is set aside as against the
weight of evidence, costs should be impose?
as a condition of granting a new trial.-Care
v. Interurban St. Ry. Co. (Sup.) 206.
on granting defendant a new trial for pentru bara
discovered evidence held error. - Newschloss
v. Wittner (Sup.) 211.
of, must be made within five days from rens
dition of judgment.-Buchsbaum 7. Feldman
NEXT OF KIN.
On trial by court without jury, see "Trial," 3.
Of particular facts, acts, or proceedings.
See "Divorce," $ 1.
Injuries from defective bridge, see "B.idges,"
Limitation of liability of carrier, see "Carriers,"
Loss insured against, see "Insurance," $ 7.
Public improvements, see "Municipal Corpora•
tions,” g 3.
Sale of pledge, see "Pledges."
School district meeting, see "Schools and School
Districts," $ 1.
open to inspection, see "Municipal Corpora:
To quit, see "Landlord and Tenant," $ 2, 6,
To particular classes of parties.
PARENT AND CHILD.
See “Bastards"; "Infants."
Bill of, see "Pleading," $ 6.
Domicile or residence as affecting venue, see
“Venue," $ 1.
Persons concluded by judgment, see "Judg-
ment,” $ 5.
To crime, see “Homicide," $ 1.
In actions by or against particular classes of
See "Schools and School Districts," $ 1.
Stockholders, see "Corporations," $ 1.
In particular actions or proceedings.
See “Specific Performance,” $ 4.
Foreclosure, see "Chattel Mortgages," $ 1;
“Mortgages," $ 2.
Court otticers, see “Courts," $ 1.
1. New parties and change of parties.
Affidavit held insufficient to show any right
in affiant to intervene in an action.-Bouden y.
Long Acre Square Bldg. Co. (Sup.) 1080.
Affidavit for intervention held insufficient to
show an assignment to atliant. - Bouden v. Long
Acre Square Bldg. Co. (Sup.) 1080.
§ 2. Defects, objections, and amend.
A demurrer construed, and held to state but
a single ground for misjoinder of parties, and
was therefore not defective for failure to point
out the particular defect relied on, as required
Canajoharie Water Supply Co. (Sup.) 412.
$ 1. Actions for partition.
Under general practice rule 65, an action to
partition a single tract of real estate could not
be maintained, where the parties owned anoth-
er tract in common, located in the same city,
not included in such action.-Beetson v, Stoops
One not in actual or constructive possession
sereau v. Camp (Sup.) 568.