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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 urban St. Ry. Co. (Sup.) 588. front of an approaching car, evidence held in

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In an action against a street railway comsufficient to establish negligence on the part of the motorman.-Sciurba v. Metropolitan St. Ry. I dence held to show negligence on the part of

pany for injuries by being struck by car, eviCo. (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 pegligence to the jury. pany for injuries to a pedestrian at a crossing, -Muller v. Interurban 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 en-1 In an action against a street railway comtitled "Rules of the Road.”—H. E. Taylor & pany for injuries to a pedestrian at a crossing, Co. 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.

STREETS. (Sup.) 366.

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

$$ 4, 5. torman exercised due care held for the jury.Adsit v. Catskill Electric Ry. Co. (Sup.) 393.

Accidents at railroad crossings, see "Railroads,"

$ 3. In action against street railway for injuries, Restraining construction 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 y.

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.) 454.

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 insufficient to sup- To rights of insured, see "Insurance," $ 5. port a finding that defendant was negligent.Reichenberg v. Interurban St. Ry, Co. (Sup.) 523.

SUBSTITUTION. In an action against a street railway com

Of attorney, see "Attorney and Client," $ 2. pany for a collision with plaintiff's wag charge as to plaintiff's right to cross the track held not error.-Prince v. Third Ave, R." Co. 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."

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.

TENDER

Particular remedies for torts.

See “Arrest," $. 1; "Trespass," $ 2; "Trover Of price of goods sold, see "Sales," $ 6.

and Conversion." TERMS.

Particular torts.

See "Fraud": "Libel and Slander"; "Malicious Of leases, see “Landlord and Tenant,” | 8.

Prosecution"; "Negligence"; "Nuisance";

"Trover and Conversion." TESTAMENT.

Abuse of process, see “Process," $ 8.
See "Wills."

TOWNS.
TESTAMENTARY POWERS.

See "Counties”; "Schools and School Districts,"

$ 1. Restrictions on power to devise or bequeath, Liability for repair of bridges, see “Bridges," see "Wills," 8 1.

$ 1. THEATERS AND SHOWS.

TRADE UNIONS. Employment of actresses, see "Master and Restraining boycott, see “Injunction," $ 2 Servant," $ 1. The manager of a theater held liable for the

TRANSCRIPTS. penalty imposed by Laws 1897, pp. 263, 272, On appeal, see "Criminal Law." & 4. C. 378, $$ 762, 773, for permitting any person to occupy a passageway during a performance.

TRANSFER TAX. --Sturgis v. Hayman (Sup.) 126.

See "Taxation,” g 5.
THREATS.

TRESPASS. Letter held to be sent with intent to annoy, in violation of Pen. Code, $ 559, as amended by Liability of railroad for injuries to trespassers, Laws 1891, p. 288, c. 120.-People v. Loveless see "Railroads," $ 3. (Sp. Sess.) 1114.

8 1. Acts constituting trespass, and lia"Intent," as used in Pen. Code, § 559, as

A bility therefor, amended by Laws 1891, p. 288, c. 120, inhibit- | Where defendants committed a trespass on ing the sending of any letter "with intent to plaintiff's premises, they were liable for damcause annoyance," held to be gathered from ages caused thereby, independent of the queseffect and purpose of the letter.-People v. tion of negligence.-Wheeler 'y. Norton (Sup.) Loveless (Sp. Sess.) 1114.

524,

2. Actions. TIME.

Where defendants committed a trespass on

plaintiff's premises by causing the bursting of For application to open default judgment, see a water pipe by a blast, that the city was neg"Judgment," $ 4.

ligent in laying the pipe on a rock did not reFor delivery of goods sold, see "Sales," $ 2.

lieve the defendants from liability.-Wheeler v. For distributing decedent's estate, see "Execu- Norton (Sup.) 524.

tors and Administrators," $ 6.
For taking supplementary proceedings, see "Ex-
ecution," $ 2.

TRESPASS TO TRY TITLE.
TITLE.

See "Ejectment.”
Of statutes, see "Statutes," $ 2.

TRIAL. Tax titles, see "Taxation," $$ 3, 4.

See "New Trial"; "Reference"; "Witnesses." To goods sold, see "Sales," $ 4.

Harmless error in directing verdict, see "ApTo property insured, see "Insurance," 88 4, 6.

peal," $ 12.

Harmless misconduct of jurors, see "Appeal," TOOLS.

$ 12.

Ratification of acts of agent as question for Liability of employer for defects, see "Master jury, see "Principal and Agent," $ 3. and Servant," $ 3.

Waiver of rights under contract as question

for jury, see “Contracts," $ 3.
TORTS.

Proceedings incident to trials.
Measure of damages, see "Damages," $ 2. See "Continuance."
By particular classes of parties.

Entry of judgment after trial of issues, see

"Judgment," $ 2. See “Municipal Corporations," $ 5.

Place of trial, see "Venue," $ 1. Employés, see "Master and Servant," 7. Right to trial by jury, see "Jury," $ 1.

84 N.Y.S.-77

see

and 118 New York State Reporter Trial of particular civil actions or proceedings. Where some of the evidence of a witness was See "Divorce," $ 1; “Negligence," $ 3.

proper, a motion to strike out all of his eriDisputed claims against estate of decedent, see

dence was properly overruled.-Powell v. Hod"Executors and Administrators," $ 5.

son Valley Ry, Co. (Sup.) 337. For discharge from employment, see "Master

Objection that copy was not shown to be such and Servant," $ 1.

held to come too late after its reception in evi For personal injuries, see "Carriers," 8. 2; dence.-Dearman v. Marshall (Sup.) 705.

"Master and Servant,” 8 6; "Municipal Cor A motion to strike from the record a written ‘poratious," $ 5; "Street Railroads," $ 2.

statement was properly denied, where the state For price of goods sold, see "Sales," '$ 6.

ment was properly admitted in evidence as bar For rescission of contract for insurance, see

ing on the credibility of a witness, --Deutsch "Insurance," $ 3.

mann y. Third Ave. R. Co. (Sup.) 887. For rent, see "Landlord and Tenant," 5. For wrongful acts of city marshal, see "Sheriffs

The statement of the court held not to authorand Constables," $ 2.

ize the jury to consider evidence received as On insurance policy, see "Insurance," $ 9.

bearing on the credibility of a witness for any To set aside fraudulent conveyances,

improper purpose.-Deutschmann v. Third Ave. "Fraudulent Conveyances," $ 3.

R. Co. (Sup.) 887.
Trial of criminal prosecutions.

§ 5. Arguments and conduct of counsel. See "Criminal Law," $ 3.

In an action for personal injuries, statements § 1. Notice of trial and preliminary

of plaintiff's counsel and the court relative to

Ty an insurance company being interested in deproceedings.

fending the action held prejudicial error.-LipWhere the consolidation of actions at the

schutz v. Ross (Sup.) 632. instance of defendants affects the condition of bonds given upon removal from the Municipal $ 6. Taking case or question from jury. to the City Court, to the prejudice of the plain

Where parol evidence was introduced without tiff, consolidation should not be ordered.Grayobiection to explain the terms of a letter. and Lithograph Co. v. Schulman (Sup.) 503.

such evidence was conflicting, the construction Where a complaint is amended after a case of the letter was for the jury.-Rochester & is on the trial calendar, plaintiff is not entitled P. Coal & Iron Co. v. Flint, Eddy & Co. (Sup.) to a trial without a new note of issue and a 269. new notice of trial, in the absence of an order Dismissal of plaintiff's complaint at the close dispensing therewith, under Code Civ. Proc. 8 of his case for failure of proof should be with723.-Miller v. Mestaniz (Sup.) 503.

out prejudice.-Soltz v. Newmark (Sup.) 283. $ 2. Dockets, lists, and calendars.

Where the evidence is conflicting, it is error Motion to strike a case from the calendar to direct a verdict.-Morel v. Stearns (Sup.) 521. held properly denied for insufficiency of moving! papers.--Bornstein v. Diskin (Sup.) 248.

Where plaintiff moved to advance the trial of An instruction as to the duty of defendant the case on the ground that it was a short to stop its car a sufficient length of time to cause, another motion to the same effect could allow a passenger to alight held not erroneous. not be granted while a first motion was pending. I in view of other instructions.-Day v. Union -McCaffrey y. Butler (Sup.) 776.

Ry. Co. (Sup.) 560. Where plaintiff moved to advance the date of

An instruction in an action in which there trial on the ground that the case was a short was conflicting evidence held erroneous, because cause he could not withdraw the motion by no-preventing the

from reconcilin

contice to that effect in the notice of a similar mo- | flict.-Beers v. Metropolitan St. Ry. Co. (Sup.) tion on the same ground.-McCaffrey y. Butler | 785. (Sup.) 776.

A requested instruction held properly refused $ 3. Course and conduct of trial in gen

because erroneous.-Deutschmann v. Third Ave. eral.

R. Co. (Sup.) 887. Where the parties to a suit in equity, and $ 8. Trial by court. the court, treated it as an action at law, the issues should go to the jury, as in actions at

On trial before a court, it can enter a judglaw.-Voss v. Smith (Sup.) 471.

ment based on a holding that certain evidence

received is incompetent, though there is no ob$ 4. Reception of evidence.

jection to the evidence.-Oppenheimer v. KruckWhere defendant failed to prove any damage

man (Sup.) 129. under its counterclaim, the denial of a motion Motion to dismiss for failure to show facts to reopen a case to present proof of damage constituting cause of action held sufficient to after the testimony was closed was not an raise question of sufficiency of evidence to supabuse of discretion.- Jarvis v. New York House port finding of value of animal injured.-Lee Wrecking Co. (Sup.) 191.

v. Callahan (Sup.) 167. Where no grounds are given for an objec- It is not error to refuse a negative conclusion tion to a question calling for material evidence, of law applicable to a situation not shown in though improper in form, it is error to sustain the evidence-Hayes y. Metropolitan St. Ry. sucho objection.-Gerry v. Seibrecht (Sup.) 250. Co. (Sup.) 271.

TROVER AND CONVERSION. There was sufficient delivery of trust fund to

trustees, though settlor made check payable to
Counterclaim for wrongful conversion of goods, beneficiary, and beneficiary thereafter turned
see "Set-Off and Counterclaim," $ 1.

the money over to the trustee. --Brown v. Spohr
Wrongful conversion of goods by carrier, see (Sup.) 995.
"Carriers," $ 1.

It was immaterial, as against next of kin of
Wrongful conversion of, mortgaged chattels, settlor, that trust fund was not all delivered on
see "Chattel Mortgages," $ 1.

same day, or on day of execution of trust deed.
In an action for conversion, a receipt given

--Brown v. Spohr (Sup.) 995.
to plaintiff's assignor held not sufficient evidence Facts held to show a sufficient delivery of
of the trausfer of title.-Walker V. Farrell trust fund to trustees.--Brown v. Spohr (Sup.)
(Sup.) 182.

995.
TRUSTS.

§ 2. Management and disposal of trust

property.
Creation by will, see "Wills," $ 4.

Clause in a deed of trust held to empower
Trust deeds, see “Chattel Mortgages"'; “Mort- trustees to collect notes at any time, though
gages.'

without consent of settlor.---Brown v. Spohr
$1. Creation, existence, and validity.

(Sup.) 995.
Personal Property Law, Laws 1897, c. 417, $ 3. Establishment and enforcement of
$ 3, providing that the trustee's estate shall

trust.
cease when the beneficiary, having a remainder Next of kin of administratrix held proper per-
subject to his beneficial estate, releases his in- son to compel administrator to carry out trust,
terest in the income, held not to apply to a under Code Civ. Proc. $ 2803.-In re Sill's Es-
trust created before passage of the law.-Met-tate (Sur.) 213.
calfe v. Union Trust Co. of New York (Sup.)
183.

UNDUE INFLUENCE.
The court cannot, before expiration of the
term of a trust created before there was power Procuring making of will, see "Wills," i 2.
to terminate it, decree dissolution without con-
sent of the trustee.-Metcalfe v. Union Trust

UNIVERSITIES.
Co. of New York (Sup.) 183.
Personal Property Law, Laws 1897, c. 417,

See "Colleges and Universities."
$ 3, providing for termination of a trust, held
not to apply where right to the income is con-

VACATION.
ditional, nor where the trust is to pay the in- loe

Of attachment, see "Attachment,” $ 2.
come to one for life or till she remarry, though

Of dismissal of action, see "Dismissal and Non-
the remaindermen assign to her their interest.
---Metcalfe v. Union Trust Co. of New York

suit," $ 1.

k Of judgment, see "Judgment," 88 1, 4.
(Sup.) 183.

Stipulation of the trustee, in a submission of
controversy on an agreed statement, that, if
the court decides that the trust has been ter-Laws relating to vaccination of school children
minated, judgment may be entered that the as deprivation of privileges or in

as deprivation of privileges or immunities of
fund be paid over to plaintiff, is not a consent citizens, see "Constitutional Law," $ 4.
to the destruction of the trust.--Metcalfe V.Laws relating to vaccination of school children
Union Trust Co. of New York (Sup.) 183. as denial of equal protection of law, see
Plaintiff held not entitled to maintain an ac-

"Constitutional Law," 8 5.
tion against defendant on the ground that he

Of school children, see "Schools and School Dis-
held trust funds payable to plaintiff; the trust

tricts," $ 1.
not being fully constituted.-Hayes v. Klock
(Sup.) 363.

VEHICLES.
Essentials of a valid trust of personalty are Negligence of driver imputable to fellow sery-
designated beneficiary, designated trustee, des- 1. ant occupant, see "Negligence," 8 2
ignated fund, and actual delivery to trustee.- Negligent use of automobiles, see "Highways."
Brown v. Spohr (Sup.) 995.

A revocable trust, passing legal title to trus VENDOR AND PURCHASER.
tees and present interest to beneficiaries, can-
not be construed to show an intention on part

See "Sales."
of settlor to prevent beneficiaries from receiv Requirements of statute of frauds, see "Frauds,
ing benefit during settlor's life, so as to inval Statute of," $ 3.
idate trust under statute of wills.-Brown v. Specific performance of contract, see "Specific
Spohr (Sup.) 995.

Performance."
Neither the reservation in the settlor of a $1. Performance of contract.
power of revocation or modification of a trust, One held entitled to recover earnest money
nor a recital that the beneficiary took through from a party who prevented performance of the
the settlor's bounty, rendered the trust illegal. - contract at the appointed time and refused to
Brown v. Spohr (Sup.) 995.

| perform thereafter.-Wright v. Levy (Sup.) 885.

VACCINATION.

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