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1890, p. 1201, ch. 568, §

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1891, p. 288, ch. 120. 1892, p. 868, ch. 418. 1892, p. 1657, ch. 681, § 5 534 1892, p. 1805, ch. 687, § 15 38 1892, p. 1841, ch. 688, § 54 810 1892. p. 1841, ch. 688, § 55 323 1892, p. 2044, ch. 691, § 6 323 1893, p. 1556, ch. 661, § 200 712, 713 1894. p. 1871, ch. 750.... 604 1895, p. 377, ch. 570, § 17 1895. p. 791, ch. 933.

1897, p. 273, ch. 378, 8 779. Greater New York Charter. Amended by Laws 1901, p. 321, ch. 466

1897, p. 384, ch. 378, 1070. Greater New York Charter

1897, p. 388, ch. 378, 1081. Greater New York Charter. Amended by Laws 1901, p. 469, ch. 466, § 1089.. 1897, pp. 394, 395, 399, ch. 378, §§ 1091, 1100, 1103. Greater New York Charter

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1896, p. 616, ch. 547, § 271 1896. pp. 803, 826, ch. 908, $$ 21, 89.

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1896. p. 856, ch. 908, § 182 1896, pp. 868, 869, 881, ch. 908, §§ 220, 221, 242.. 630 1896, p. 883, ch. 908, § 253 277 1896, pp. 965, 966, ch. 909, SS 111, 114...

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1897, p. 559, ch. 378, § 1620. Greater New York Charter 1897, pp. 720, 744, ch. 612, §§ 2, 3, 200. 1897, p. 731, ch. 612, § 79 321 1897, pp. 732, 733, ch. 612, $$ 94, 98.. 1043 1897, p. 734, ch. 612, § 116 666 1897, p. 739, ch. 612, § 160 131 1897, p. 741, ch. 612. § 176 976 1897, p. 742, ch. 612, §§ 179, 183

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1897, p. 756, ch. 612, § 323 321 1897, p. 794, ch. 754..678, 679 1899, p. 351, ch. 192. 250 1899, p. 968, ch. 473, § 1.. 848 1899, p. 1294, ch. 582.... 509 1900, p. 22, ch. 20.. 257 1900, p. 855, ch. 367, § 16..1024 1901, p 122, ch. 466, § 290. Greater New York Charter .484, 565, 566

255 1902, p. 1563, 257 1902, p. 1569, ch. 580, § 274 1902, p. 1578, ch. 580, 310 1902. p. 1585, ch. 580, § 332 1902, p. 1589, ch. 580, §§ 341, 342 1902, p. 1590, ch. 580, § 345 549 1902, p. 1748, ch. 600. § 2 239 1903, p. 1125, ch. 486, § 12

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STAY.

and 118 New York State Reporter

Greater New York Charter, Laws 1897, p. 113, c. 378, § 315, held, not to authorize 2

Of proceedings pending payment of costs, see police officer to direct a street car motorman to "Costs," § 7.

STENOGRAPHERS.

Liability for services of, see "Work and Labor."

STIPULATIONS.

Where a stipulation authorizes the justice to render any judgment he sees fit, an appeal will not lie.-Lipps v. Markowitz (Sup.) 172.

STOCK.

Corporate stock, see "Corporations," § 1.

STOCKHOLDERS.

Of corporations, see "Corporations," § 2.

STORAGE.

See "Warehousemen."

STREET RAILROADS.

Carriage of passengers, see "Carriers," § 2. Harmless error in admission of evidence in action for injuries, see "Appeal," § 12. Relevancy of evidence in action for personal injuries, see "Evidence," § 2.

§ 1. Regulation and operation.

use his car to push a coal truck blocking traffic, so as to render the company liable for the motorman's negligence.-Connelly v. Metropolitan St. Ry. Co. (Sup.) 305.

A traveler, injured while attempting to cross street car tracks, held precluded from recovering therefor. Schroder v. Metropolitan St. Ry. Co. (Sup.) 371.

A motorman is not required to take any precaution against frightening a horse on a highway more than would be required by the driver of any other vehicle.-Adsit v. Catskill Electric Ry. Co. (Sup.) 393.

Where a motorman, using ordinary prudence, erred in a matter of judgment, it was not negligence for which plaintiff can recover in an action for injuries by collision.-Adsit v. Catskill Electric Ry. Co. (Sup.) 393.

The measure of care toward persons rightfully in a street, by a street railroad company, is such reasonable care as an ordinarily prudent person would exercise under the circumstances. Adsit v. Catskill Electric Ry. Co. (Sup.) 393.

A street railway held bound to use reasonable care to see that a passenger alighting from a car is not injured by another car when crossing the street over the adjoining track.-Reed v. Metropolitan St. Ry. Co. (Sup.) 454.

Co. (Sup.) 556.

The driver of a covered wagon, who, without a light and when it was nearly dark, stopped two or three minutes on a street car track, till struck by a street car, held guilty of contribuEvidence in an action for injuries to a pedestory negligence.-Watson v. Interurban St. Ry. trian in a collision with a street car held not to establish contributory negligence on her part. -Mauer v. Brooklyn Heights R. Co. (Sup.) 76. In an action for injuries by collision with a street car, the place of the accident held to be a street crossing.-Freeman v. Brooklyn Heights R. Co. (Sup.) 108.

It is not negligence as a matter of law for one driving a wagon to attempt to cross street railway tracks when an approaching car is about a block distant.-Carter v. Interurban St. Ry. Co. (Sup.) 134.

In an action for injuries sustained by being struck by a street car, evidence held to sustain a judgment for plaintiff.-Hennessey v. FortySecond St., M. & St. N. Ave. Ry. Co. (Sup.) 158.

One driving a milk wagon which collided with a street car held guilty of contributory negligence.-Cosgrove v. Interurban St. Ry. Co. (Sup.) 885.

A street railroad company held bound to use care that the whole car, and not merely the front end, may pass obstructions safely.--Martin v. Interurban St. Ry. Co. (Sup.) 921.

In an action against a street railway company, instruction defining the measure of care required of defendant while operating its car along a highway held erroneous.-Perras v. United Traction Co. (Sup.) 992.

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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 eviIn 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.-Krintzman v. Interurban St. Ry. Co. (Sup.) 243.

A traveler held guilty of contributory negligence, precluding a recovery for injuries to his horse and wagon by being struck by a street car.-Carvanio v. Union Ry. Co. (Sup.) 246.

Where it was not disputed that a street car by which plaintiff was struck at a street intersection was operated at the rate of seven or eight miles an hour, whether its operation was negligent held a question for the jury.—Mauer v. Brooklyn Heights R. Co. (Sup.) 76.

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In action against street railway for injuries. owing to plaintiff's wagon having been struck by a street car, held, that the cause should have been submitted to the jury.-Carter v. Interurban St. Ry. Co. (Sup.) 134.

Evidence in street railway crossing accident held to justify submission of issues of negligence and contributory negligence to the jury. -Muller v. Interurban St. Ry. Co. (Sup.) 234. In an action against a street railway company for damages to a vehicle by collision at a crossing, held error to exclude the ordinance entitled "Rules of the Road."-H. E. Taylor & Co. v. Metropolitan St. Ry. Co. (Sup.) 282.

In an action for injuries to a pedestrian by a street car at a crossing, evidence held to require submission of the defendant's negligence to the jury.-Mulligan v. Third Ave. R. Co. (Sup.) 366.

In an action against a street railroad company for injuries by collision, whether the motorman exercised due care held for the jury. Adsit v. Catskill Electric Ry. Co. (Sup.) 393.

In action against street railway for injuries, owing to plaintiff's having been struck by a 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. Metropolitan St. Ry. Co. (Sup.) 454.

speed of the street car.-Greenbaum v. Interurban St. Ry. Co. (Sup.) 588.

pany for injuries by being struck by car, eviIn an action against a street railway comdence held to show negligence on the part of defendant.-Greenbaum v. Interurban St. Ry. Co. (Sup.) 588.

In an action against a street car company for injuries from being struck by a car, evidence held to show plaintiff free from contributory negligence.-Greenbaum v. Interurban St. Ry. Co. (Sup.) 588.

In an action for injuries sustained by collision with a street car, evidence held to show contributory negligence.-Geleta v. Buffalo & N. F. Electric Ry. (Sup.) 629.

In an action against a street railway company for injuries to a pedestrian at a crossing, evidence held sufficient to go to the jury on the question of plaintiff's contributory negligence. -Beers v. Metropolitan St. Ry. Co. (Sup.) 785. In an action against a street railway company for injuries to a pedestrian at a crossing, an instruction held erroneous because virtually directing a verdict for defendant.-Beers V. Metropolitan St. Ry. Co. (Sup.) 785.

STREETS.

See "Highways"; "Municipal Corporations," §§ 4, 5. Accidents at railroad crossings, see "Railroads," § 3.

Restraining construction of railroad on street, see "Injunction," § 1.

STRIKES.

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

454.

SUBLETTING.

See "Landlord and Tenant," § 3.

SUBPOENA

Evidence held to authorize a finding that plaintiff, injured by the wagon on which he was riding being struck while attempting to 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 personal injuries caused by a collision with plain

SUBROGATION.

tiff'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 wagon, a charge as to plaintiff's right to cross the track held not error.-Prince v. Third Ave. R. Co. (Sup.) 542.

Instruction, in action by person on track, for injuries from a street car, as to plaintiff's right to be there, held error.-Venuta v. New York, W. & C. Traction Co. (Sup.) 544.

SUMMARY PROCEEDINGS.

Recovery of possession by landlord, see "Landlord and Tenant," § 6.

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

SUMMONS

and 118 New York State Reporter

SUPPLEMENTAL PLEADING.

See "Pleading," § 2.

SUPPLEMENTARY PROCEEDINGS.

See "Execution," § 2.

SUPREME COURTS.

See "Courts," § 3.

SURETYSHIP.

See "Principal and Surety."

SURRENDER.

Of leasehold, see "Landlord and Tenant," § 3. Of liquor tax certificate, see "Intoxicating Liquors," § 2.

See "Judges."

SURROGATES.

Suspension for practicing law, see "Attorney and Client."

Power to vacate or modify decree, see "Judgment," § 4.

SURVIVING PARTNERS.

See "Partnership," § 4.

SURVIVORSHIP.

Evidence, see "Death," § 1.

SUSPENSION.

Of attorney, see "Attorney and Client," § 1.

TAXATION.

Privilege taxes, see "Intoxicating Liquors," § 2. § 1. Levy and assessment.

Where, on certiorari to review an assessment of taxes, a reassessment was ordered, under which a new board determined the value of leasehold property, relator was entitled to another writ to review the reassessment, under Laws 1901, p. 386, c. 466.-People v. Wells (Sup.) 277.

Where, on certiorari to review an assessment of taxes, under Laws 1896, p. 883, c. 908, a reassessment is ordered, review of the reassessment is to be obtained by application for another writ.-People v. Wells (Sup.) 277.

Failure of town assessors to make and attach oath to the town roll held to make a sale for taxes thereunder void.-Raquette Falls Land Co. v. International Paper Co. (Sup.) 836. Value of entire rolling stock of railroad company held capital employed within the state, within the meaning of Franchise Tax Law,

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§ 5.

Legacy, inheritance, and transfer taxes.

Under Laws 1896, pp. 868, 869, 881, c. 908, §§ 220, 221, 242, relating to inheritance taxes, a legacy of $337 to an uncle held subject to 5 per cent. tax, where a legacy of $500 is left to the widow.-In re Garland's Estate (Sup) 630.

Order fixing transfer tax cannot be modified after expiration of time to appeal.-In re Hamilton's Estate (Sur.) 44.

Voluntary payment of void transfer tax, with full knowledge of the facts, will not be remitted. In re Mather's Estate (Sur.) 1105.

Property passing under a valid contract made by a person since deceased held exempt from the transfer tax.-In re Demers' Estate (Sur.) 1109.

TAXATION OF COSTS.

See "Costs," § 5.

TEACHERS.

See "Schools and School Districts," § 1.

TELEGRAPHS AND TELEPHONES.

§ 1. Regulation and operation. Delay in resending a corrected telegram held not such as to render the company liable.-Altman v. Western Union Tel. Co. (Sup.) 54.

An error in transmitting a message held not such gross negligence as to deprive the telegraph company of the limitations of liability contained in the contract under which the message was sent.-Altman v. Western Union Tel. Co. (Sup.) 54.

Damages awarded in an action against a telgraph company for error in sending message held too remote and speculative.-Altman v. Western Union Tel. Co. (Sup.) 54.

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Employment of actresses, see "Master and Restraining boycott, see "Injunction," § 2. Servant," § 1.

TRANSCRIPTS.

The manager of a theater held liable for the 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. -Sturgis v. Hayman (Sup.) 126.

THREATS.

Letter held to be sent with intent to annoy, in violation of Pen. Code, § 559, as amended by Laws 1891, p. 288, c. 120.-People v. Loveless (Sp. Sess.) 1114.

"Intent," as used in Pen. Code, § 559, as amended by Laws 1891, p. 288, c. 120, inhibiting the sending of any letter "with intent to cause annoyance," held to be gathered from effect and purpose of the letter.-People v. Loveless (Sp. Sess.) 1114.

TIME.

For application to open default judgment, see "Judgment," § 4.

TRANSFER TAX.

See "Taxation," § 5.

TRESPASS.

Liability of railroad for injuries to trespassers, see "Railroads," § 3.

§ 1. Acts constituting trespass, and liability therefor.

Where defendants committed a trespass on plaintiff's premises, they were liable for damages caused thereby, independent of the question of negligence.-Wheeler v. Norton (Sup.) 524.

2. Actions.

Where defendants committed a trespass on plaintiff's premises by causing the bursting of a water pipe by a blast, that the city was negligent in laying the pipe on a rock did not relieve the defendants from liability.-Wheeler v.

For delivery of goods sold, see "Sales," § 2.
For distributing decedent's estate, see "Execu-Norton (Sup.) 524.
tors and Administrators," § 6.

For taking supplementary proceedings, see "Ex-
ecution," § 2.

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To goods sold, see "Sales," § 4.

TRESPASS TO TRY TITLE.

See "Ejectment."

TRIAL.

See "New Trial"; "Reference"; "Witnesses."

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

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peal," § 12.

Harmless misconduct of jurors, see "Appeal," $ 12.

Ratification of acts of agent as question for jury, see "Principal and Agent," § 3. Waiver of rights under contract as question for jury, see "Contracts," § 3.

Proceedings incident to trials.

See "Continuance."

Entry of judgment after trial of issues, see "Judgment," § 2.

Place of trial, see "Venue," § 1.

Right to trial by jury, see "Jury," § 1.

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