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and 118 New York State Reporter

STATUTES CONSTRUED.

489 / $ 72

NEW YORK.
2803

213 Greater New York. Laws $ 2944

132 OONSTITUTION.

1897, p. 273, ch. 378, $ $$ 2959, 2960.

518 779. Amended by laws Art. 3, § 16.. 597 $ 3064

25+ 1901, p. 321, ch. 466.... 403 Art. 6, 88 11, 20. .1025 $ 3065

144 Greater New York. Laws Art. 8, § 10. 97 $ 3066

518 1897, pp. 384, 394, 395, Art. 9, § 1... 712 $ 3189

.270, 519 399, ch. 378, 88 1070, § 3228

199 1091, 1100, 1103... 390 CODE OF CIVIL PRO

3229

.199, 551 Greater New York. Laws § 3251 CEDURE.

830 1897, p. 388, ch. 378, §

$ 3251, subd. 4. Amended 1081. Amended by Laws $ 14, subd. 3.

112 by Laws 1902, p. 1233, 1901, p. 469, ch. 466, § 66 .111, 453, ch. 515

519 1089

..947, 948 830, 831, 936, 1072 $ 3271

331 Greater New York. Laws 67 .1025 8 3296

240 1897, p. 559, ch. 378, 8 $ 432, subd. 3. 308 $ 3412 851 1620

947 439 135 8 3417

356 Greater New York. Laws $ 453 67

1901, p. 122, ch. 466, $ $8 458, 459. 573 CODE OF CRIMINAL PRO

290

.484, 565, 566 $ 488 323, 753 CEDURE.

Greater New York. Laws $$ 498, 499.

753
$ 308

97

1901, p. 129, ch. 466, $ $ 500

323, 984
$$ 335, 356.

302

703 $ 516

319
$8_527, 530, 555, 556.

Greater New York. Laws $ 535

617
764
$ 702

221

1901, p. 154, ch. 466, $ $ 546 669

355

673 88 548-551 .1009

Greater New York. Laws 549

372
PENAL CODE.

1901, p. 469, ch. 466, § 551

.461, 462 1089

947 533 .1009 / $ 363b

120 $ 572 489 1 $ 559. Amended by Laws

LAWS. $ 723

503, 749
1891, p. 288, ch. 120....1114 1787, p. 524, ch. 82...

893 $ 779 .111, 180, '1011 / 8 6400

235

1790, p. 162, ch. 38. 88 $8 803-809 1066

1802, p. 165, ch. 105. $ 831

37 HEYDECKER'S GENERAL 1810, ch. 85... $ 834

.898, 85 888 LAWS.

1851, p. 234, ch. 122. 84 $ 870 :1066 Page 2378, ch. 29, $ 23... 492 1860, P. 61, 'ch. 51.

1857, $ 870 et seq...

p. 259, ch, 132. Sis $ 872

32, 280, 1065 $S 874, 875.

1863, p. 802, ch. 164. 280 REVISED LAWS. 8 888, subd. 5.

1875, p. 264, ch. 267... 563 $ 970

. 1090
1813, p. 212, ch. 60....... 684 1879, p. 305. ch. 229, $ 5.. 52

1882, 93,
p.

ch.

103. $ 1022 237

Amended by Laws 1888, 8 1290

.1105 BIRDSEYE'S REVISED $ 1301

p. 99, § 60; Laws 1589, 457 STATUTES. p. 178, ch. 151.

221 $ 1488 1009

1882. p. 335, ch. 410, § § 1733

203
Third Edition.

1367. Amended by Laws $8 1753, 1757, 1762.. . 1090 8 1709

1894, p. 1871, ch. 750.. .1015 Volume 3.

604, 615 $ 1780

135 Pages 3534, 3557........ 1788

52 1882, p. 348, ch. 410, $ 306 $ 1822

640 $ 1824

1885, p. 482, ch. 283, $ 9..1051 926 CITY CHARTERS.

1888, p. 99, ch. 60. 1902

. 1053 Buffalo, $$ 11, 283,397, 398 434 1888, p. 1007, ch. 583, tit. 88 2231-2237 580 Greater New York. Laws

11, § 42. $ 2235

1897, p. 99, ch. 378, 8 1889, p. 178, ch. 154.. 221 $ 2214 580 290

566 1890, p. 940, ch. 523, $ 17. 2217 144 Greater New York. Laws

Amended by Laws 1892, $$ 2336, 2344, 15 1897, p. 113, ch. 378, S

1347 ..

228

878

p. 868, ch. 418. $ 2135 1094 315.

305 1890, p. 1082, ch. 565, $ $ 24.4 916 Greater New York. Laws

60. Amended by Laws $ 24.38

.276, 468 1897, p. 115, ch, 378, $ 88 2172, 2552, 2555).

1897, p. 794, ch. 751... 329 320

565 $ 2613

.1102 Greater New York. Laws 1890, p. 1084, ch. 565, § 6 759 $ 2001

. 1051, 1102 1897, p. 257, ch. 378, 8 1890, p. 1096, ch. 565, $$ $ 2685, subd. 1.

934
739

403 37, 39 2004

937 | Greater New York. Laws $ 2713, subds, 1-4..

1890, p. 1108, ch. 565, $ 220 1897, pp. 263, 272, ch. $ 2743

90. Amended by Laws 640 378, SS 762, 773... 126 1895, p. 791, ch. 933. ... 759

678 679

1890, p. 1201, ch. 568, 8 1897, p. 273, ch. 378, 8 1901, p. 129, ch. 466, § 302. 130 .1067 779. Greater New York

Greater New York Char1891, p. 288, ch. 120.....1114 Charter. Amended by

ter

566 1892, p. 808, ch. 418. 878 Laws 1901, p. 321, ch. 1901, p. 154, ch. 466, $ 355. 1892, p. 1657, ch. 681, 8 5 534 466

403 Greater New York Char1892, p. 1805, ch. 687, 8 15 38 1897, p. 384, ch. 378, 8

ter

673 1892, p. 1811, ch. 688, 8 54 810 1070. Greater New York | 1901, p. 312, ch. 128. 284 1892, p. 1841, ch. 688, § 55 323 Charter

380 | 1901, p. 321, ch. 466.. 403 1992, p. 2014, ch. 691, 8 6 323 1897, p. 388, ch. 378, 8 1901, p. 421, ch. 186.. 380 1893, p. 1536, ch. 661, $

1081. Greater New York 1901, p. 469, ch. 466, $ 200 .712, 713 Charter. Amended by

1089. Greater New York 1894. p. 1871, rh. 750.. 604 Laws 1901, p. 469, ch. Charter

947 1855, p. 377, ch. 570, § 17 871 466, 8 1089.. .947, 948 | 1901, p. 499, ch. 466, 8 187, p. 791, ch. 933. 759 | 1897, pp. 394, 395, 399, ch.

1172

942 1895, p. 2051, ch. 1006, $ 378, $$ 1091, 1100, 1103. 1902, p. 114, ch. 60, $ 3. 845 14

18 Greater New York Char 1902, p. 387, ch. 127..597, 598 1896, pp. 106, 115, ch. 183,

ter

380 1902, p. 1233, ch. 515.... 519 534 1897, p. 453, ch. 414, $ 322 661 | 1902, p. 1249, ch. 528.. 372 18:10, p. 220, ch. 272. 265 1897, p. 468, ch. 415, $ 20. 1902, pp. 1487-1489, ch. 1896, P. 220, ch. 272, § 21 445 Amended by Laws 1899, 580, tit. 1, § 1, subds. 118:30, P. 016, ch. 547, 8 271 951 p. 351, ch. 192.

250
19

927 1996, pp. 803, 826, ch. 908, 1897, p. 507, ch. 417, $ 3. 1902, p. 1489, ch. 580, tit. $ 21, 89. 52

183, 184 1. § 1, subd. 18.. .926, 927 1896, p. 850, ch. 908, 8 1897, p. 518, ch. 418, $ 9.. 326 1902, p. 1496, ch. 580, $ 20 536 182

. 1088 | 1897, p. 525, ch. 418, art. 1902, p. 1497, ch. 580, 8 25 255 188, pp. 868, 869, 881, ch. 1, $ 22.

356 | 1902, p. 1531, ch. 580, 8 * 908, 88 220, 221, 242.. 630 | 1897, p. 533, ch. 418, art.

126

. 203, 222 1836, p. 883, ch. 908, $ 253 277 6, $ 73.

.1007 1902, p. 1538, ch. 580, $ 1896. pp. 905, 966, ch. 909, 1897, p. 535, ch. 378, 8

150

502 $$ 111, 114.. 406 1533

817 | 1902, p. 1542, ch. 580, S 1896, p. 978, ch. 748. 604 1897, p. 545, ch. 419. 851 166

161, 232 1897, p. 99, ch. 378, § 290. 1897. p. 559, ch. 378, 8 1902, p. 1545, ch. 580, Greater New York Char1620. Greater New York

184

483 ter 566 Charter

947 1902, p. 1561, ch. 580, 1897, p. 113, ch. 378, § 315. 1897, pp. 720, 744, ch. 612,

248

. 207, 211 Greater New York Char

$82, 3, 200.

922 1902, p. 1562, ch. 580, ter 305 1897, p. 731, ch. 612, § 79 321

253

188, 247, 605 1897, p. 115, ch. 378, $ 320. 1897. pp. 732, 733, ch. 612, 1902, p. 1563, ch. 580, $ Greater New York Char

88 94, 98..

.1043
254

..188, 247, 253 ter

565 | 1897, p. 734, ch. 012, $ 116 666 | 1902, p. 1563, ch. 580, 8 1897, p. 220, ch. 312, § 17, 1897, p. 739, ch. 612, 8 160 131

2.5

188 subd. 8

. 1068 1897, p. 741. ch. 612, & 176 976 1902, p. 1563, ch. 580, 8 1897, p. 223, ch. 312, $ 25..1018 1897, p. 742, ch. 612, 88 257

604 1897, p. 229, ch. 312, $ 28, 179, 183

131 1902, p. 1569, ch. 580, 8 subd. 2. Amended by 1897, p. 756, ch. 612, § 323 321 274

930 Laws 1903, p. 1125, ch. 1897, p. 794, ch. 754..678, 679 1902, p. 1578, ch. 580, § 486, § 12. ..1075 | 1899, p. 3.51, ch. 192. 250 310

188, 247 1897, p. 237, ch. 312, & 31..1018 1899, p. 968, ch. 473, § 1.. 848 1902. p. 1585, ch. 580, 8 1897, p. 257, ch. 378, 8 739. 1899, p. 1291, ch. 582.... 509 332

207 Greater New York Char 1900, p. 22, ch. 20.. 257 | 1902, p. 1589, ch. 580, 88 ter 403 1900, p. 855, ch. 367, 8 16..1024 341, 342

211 1897. pp. 263, 272, ch. 378, 1901, P 122, ch. 466, & 290. 1902, p. 1590, ch. 580, 8 88 702, 773. Greater Greater New York Char

315

549 New York Charter..... 126 ter

..484, 565, 566 | 1902, p. 1748, ch. 600, 8 2 239

1903, p. 1125, ch. 486, $ 12

..1075

STENOGRAPHERS.

bor "

and 118 New York State Reporter STAY.

1 Greater New York Charter, Laws 1897, p.

113, c. 378, 8 315, held not to authorize a Of proceedings pending payment of costs, see police officer to direct a street car motorman to "Costs," $ 7,

use his car to push a coal truck blocking traffic, so as to render the company liable for the motorman's negligence.-Connelly v. Metropoli

tan St. Ry. Co. (Sup.) 305. Liability for services of, see “Work and La

A traveler, injured while attempting to cross street car tracks, held precluded from recover

ing therefor.-Schroder v. Metropolitan St. Ry. STIPULATIONS.

Co. (Sup.) 371.

A motorman is not required to take any pre Where a stipulation authorizes the justice to caution against frightening a horse on a highrender any judgment he sees fit, an appeal will

way more than would be required by the drirer not lie.-Lipps v. Markowitz (Sup.) 172.

of any other vehicle.--Adsit v. Catskill Electrie

Ry. Co. (Sup.) 393.
STOCK.

Where a motorman, using ordinary prudence,

erred in a matter of judgment, it was not negliCorporate stock, see "Corporations,” $ 1.

gence for which plaintiff can recover in an

action for injuries by collision.-Adsit v. CatsSTOCKHOLDERS.

kill Electric Řy. Co. (Sup.) 393.

The measure of care toward persons rightOf corporations, see "Corporations," $ 2.

fully in a street, by a street railroad company,

is such reasonable care as an ordinarily pruSTORAGE.

dent person would exercise under the circum

stances.--Adsit v. Catskill Electric Ry. Co. Seo "Warehousemen.”

(Sup.) 393.

A street railway held bound to use reasonable STREET RAILROADS.

care to see that a passenger alighting from a

car is not injured by another car when crossCarriage of passengers, see "Carriers," 8 2. ing the street over the adjoining track.-Reed Harmless error in admission of evidence in ac- v. Metropolitan St. Ry. Co. (Sup.) 454. tion for injuries, see "Appeal," $ 12.

The driver of a covered wagon, who, without Relevancy of evidence in action for personall a light and when it

| a light and when it was nearly dark, stopped injuries, see "Evidence," $ 2.

two or three minutes on a street car track, till § 1. Regulation and operation.

struck by a street car, held guilty of contribuEvidence in an action for injuries to a pedes

tory negligence.--Watson v. Interurban St. Ry. trian in a collision with a street car held not

Co. (Sup.) 556. to establish contributory negligence on her part. One driving a milk wagon which collided with -Mauer v. Brooklyn Heights R. Co. (Sup.) 76. a street car held guilty of contributory negli

In an action for injuries by collision with a gence.-Cosgrove v. Interurban St. Řy. Co. street car, the place of the accident held to be a (Sup.) 885. street crossing.--Freeman v. Brooklyn Heights A street railroad company held bound to use R. Co. (Sup.) 108.

care that the whole car, and not merely the It is not negligence as a matter of law for one

front end, may pass obstructions safely.-Mardriving a wagon to attempt to cross street rail

tin v. Interurban St. Ry. Co. (Sup.) 92i. way tracks when an approaching car is about In an action against a street railway coma block distant.--Carter v. Interurban St. Ry. pany, instruction defining the measure of care Co. (Sup.) 134.

required of defendant while operating its car In an action for injuries sustained by being along a highway held erroneous.-Perras V. struck by a street car, evidence held to sustain

car evidence held to sustain | United Traction Co. (Sup.) 992. a judgment for plaintiff.-Hennessey v. FortySecond St., M. & St. N. Ave. Ry. Co. (Sup.)

8 2. Actions.

In an action for injuries to a pedestrian in

collision with a street car, an instruction perIn an action against a street railway for in

mitting the jury to find that plaintiff's act in juries arising from a crossing accident, plain

attempting to cross was a miscalculation or tiff held guilty of contributory negligence.

error of judgment as to the distance of the car Steinman v. Interurban St. Ry. Co. (Sup.) 231. held not erroneous, as not based on the evi

In an action against a street railway for in-dence.-Mauer V. Brooklyn Heights R. Co. juries arising from a crossing accident, plaintiff (Sup.) 76. held guilty of contributory negligence.-Krintz- / Where it was not disputed that a street car man v. Interurban St. Ry. Co. (Sup.) 243.

by which plaintiff was struck at a street interA traveler held guilty of contributory negli- section was operated at the rate of seven or gence, precluding a recovery for injuries to his eight miles an hour, whether its operation was horse and wagon by being struck by a street negligent held a question for the jury.-Mauer car.-Carvanio v. Union Řy. Co. (Sup.) 246. Tv. Brooklyn Heights R. Co. (Sup.) 76.

158.

In an action for the death of a child while speed of the street car.-Greenbaum v. Interattempting to cross a street railway track in urbau St. Ry. Co. (Sup.) 588. front of an approaching car, evidence held in

In an action against a street railway comsufficient to establish negligence on the part of pany for injuries by being struck by car, evithe motorman.-Sciurba v. Metropolitan St. Ry. dence held to show negligence on the part of Co. (Sup.) 85.

defendant.-Greenbaum v. Interurban St. Ry. In an action for injuries by collision, the com- Co. (Sup.) 588. pany's negligence held a question for the jury.

In an action against a street car company -Freeman v. Brooklyn Heights R. Co. (Sup.) for injuries from being struck by a car, evi108.

dence held to show plaintiff free from contribuIn action against street railway for injuries, tory negligence.-Greenbaum v. Interurban St. owing to plaintiff's wagon having been struck Ry. Co. (Sup.) 588. by a street car, held, that the cause should

In an action for injuries sustained by collihave been submitted to the jury.-Carter v. In- sion with a street car, evidence held to show terurban St. Ry. Co. (Sup.) 134.

contributory negligence.-Geleta v. Buffalo & Evidence in street railway crossing accident N. F. Electric Ry. (Sup.) 629. held to justify submission of issues of negli In an action against a street railway comgence and contributory negligence to the jury, pany for injuries to a pedestrian at a crossing, -Muller v. Iuterurban St. Ry. Co. (Sup.) 234. evidence held sufficient to go to the jury on the

In an action against a street railway com- question of plaintiff's contributory negligence. pany for damages to a vehicle by collision at a – Beers v. Metropolitan St. Ry. Co. (Sup.) 785. crossing, held error to exclude the ordinance entitled “Rules of the Road.”-H. E. Taylor & pany for injuries to a pedestrian at a crossing,

In an action against a street railway comCo. v. Metropolitan St. Ry. Oo. (Sup.) 282.

an instruction held erroneous because virtually In an action for injuries to a pedestrian by directing a verdict for defendant.-Beers v. a street car at a crossing, evidence held to re- Metropolitan St. Ry. Co. (Sup.) 785. quire submission of the defendant's negligence to the jury.-Mulligan v. Third Ave. R. Co. (Sup.) 366.

STREETS. In an action against a street railroad com- See "Highways"; "Municipal Corporations," pany for injuries by collision, whether the mo

88 4, 5. torman exercised due care held for the jury.- Accidents at railroad crossings, see “Railroads,” Adsit v. Catskill Electric Ry. Co. (Sup.) 393.

$ 3. In action against street railway for injuries, Restraining coustruction of railroad on street, owing to plaintiff's having been struck by a see “Injunction," 1. car, held, that plaintiff was not as a matter of law guilty of contributory negligence in going on the track under the circumstances.-Reed v.

STRIKES. Metropolitan St. Ry. Co. (Sup.) 454.

In action against a street railway for injuries Restraining boycott, see “Injunction,” | 2. sustained by one struck by a car, held, that the question of defendant's negligence was for the

SUBLETTING. jury.-Reed v. Metropolitan St. Ry. Co. (Sup.) 451.

See “Landlord and Tenant," $ 3. Evidence held to authorize a finding that plaintiff, injured by the wagon on which he was riding being struck while attempting to

SUBPENA. cross a street car track, was not guilty of contributory negligence.-Westerman v. Metropoli- See "Witnesses,” $ 1. tan St. Ry. Co. (Sup.) 501. In an action against a street railway for per

SUBROGATION. sonal injuries caused by a collision with plaintiff's wagon, evidence held insuflicient to sup- To rights of insured, see "Insurance," $ 6. port a finding that defendant was negligent.Reichenberg v. Interurban St. Ry, Co. (Sup.)

SUBSTITUTION. In an action against a street railway com: Of attorney, see "Attorney and Client,” $ 2. pany for a collision with plaintiff's wagon, a charge as to plaintiff's right to cross the track held not error.-Prince v. Third Ave. R. Oo.

SUMMARY PROCEEDINGS, (Sup.) 542.

Instruction, in action by person on track, for Recovery of possession by landlord, see “Landinjuries from a street car, as to plaintiff's right lord and Tenant," $ 6. to be there, held error.- Venuta v. New York, W. & C. Traction Co. (Sup.) 544.

SUMMONS Evidence of injuries to plaintiff's head, though not specified, held admissible, as showing the See “Process."

523.

and 118 New York State Reporter SUPPLEMENTAL PLEADING.

| Laws 1896, p. 856, c. 908, § 182.--People .

Miller (Sup.) 1088. See "Pleading,” $ 2.

§ 2. Lien and priority.

County treasurer's sale of resident lands for SUPPLEMENTARY PROCEEDINGS. unpaid taxes without reassessment held erro

neous.--Reese y. Northrup (Sup.) 52. See "Execution,” g 2.

§ 3. Sale of land for nonpayment of

tax. SUPREME COURTS.

Title to land sold for taxes and bid in br. the

people held not devested by county treasur's See "Courts," $ 3.

sale for taxes subsequently levied.-Raquete Falls Land Co. v. International Paper a

(Sup.) 836. SURETYSHIP.

Land sold by comptroller for taxes and bid in See “Principal and Surety."

for the people belongs, after period of redemption, to the people as equitable owners.-Ra

quette Falls Land Co. v. International Paper SURRENDER.

Co. (Sup.) 836. Or leasehold, see "Landlord and Tenant," $ 3.8 4. Tax titles. Of liquor tax certificate, see "Intoxicating Liq-1 Patent from the state of lands bought by it uors," $ 2.

for taxes held superior to a county treasurer's

deed of same land.-Raquette Falls Land Co. SURROGATES.

v. International Paper Co. (Sup.) 836.

§ 5. Legacy, inheritance, and transfer See "Judges."

taxes. Suspension for practicing law, see "Attorney Under Laws 1896, pp. 868, 869, 881, c. 908 and Client."

$8220, 221, 242, relating to inheritance taxes, Power to vacate or modify decree, see “Judg a legacy of $337 to an uncle held subject to ment," $ 4.

5 per cent. tax, where a legacy of $500 is left

to the widow.-In re Garland's Estate (Sup.) SURVIVING PARTNERS.

630.

Order fixing transfer tax cannot be modified See “Partnership,” | 4:

after expiration of time to appeal.-In re Ham

ilton's Estate (Sur.) 44. SURVIVORSHIP.

Voluntary payment of void transfer tax, with

full knowledge of the facts, will not be remitEvidence, see “Death,” f 1.

ted.-In re Mather's Estate (Sur.) 1105.

Property passing under a valid contract made SUSPENSION.

by a person since deceased held exempt from

the transfer tax.-In re Demers' Estate (Sur.) Of attorney, see "Attorney and Client,” $ 1.

1 1109.

TAXATION OF COSTS.
TAXATION.

See "Costs,” $ 5.
Privilege taxes, see “Intoxicating Liquors," $ 2.
8 1. Levy and assessment

Where, on certiorari to review an assess- See "Schools and School Districts," & 1. ment of taxes, a reassessment was ordered, under which a new board determined the value of leasehold property, relator was entitled to an TELEGRAPHS AND TELEPHONES. other writ to review the reassessment, under Laws 1901, p. 386, C. 466.-People v. Wells $ 1. Regulation and operation. (Sup.) 277.

Delay in resending a corrected telegram held Where, on certiorari to review an assessment not such as to render the company liable.-Altof taxes, under Laws 1896, p. 883, c. 908, a re- man v. Western Union Tel. Co. (Sup.) 54. assessment is ordered, review of the reassess An error in transmitting a message held not ment is to be obtained by application for anoth

such gross negligence as to deprive the telegrapb er writ.--People v. Wells (Sup.) 277.

company of the limitations of liability containFailure of town assessors to make and at-led in the contract under which the message was tach oath to the town roll held to make a sale sent.-Altman v. Western Union Tel. Co. (Sup.) for taxes thereunder void.--Raquette Falls 54. Land Co. v. International Paper Co. (Sup.) 836. / Damages awarded in an action against a tel

Value of entire rolling stock of railroad com- graph company for error in sending message pany held capital employed within the state, held too remote and speculative.-Altman T. within the meaning of Franchise Tax Law, I Western Union Tel. Co. (Sup.) 54.

TEACHERS.

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