and 121 New York State Reporter tion of a marginal street for other than dock | Measure of damages, see "Damages," § 3. purposes.-Vilias v. Featherson (Sup.) 1094. § 7. Torts. In action against a city for negligently repairing a street, defendant held entitled to a charge that it was not liable if the work was done by an independent contractor, over whom it had no control.-Jewell v. City of Mt. Vernon (Sup.) 120. 8. Fiscal management, public debt, securities, and taxation. Purchaser of city bonds held not entitled to rescission of contract, without restoration of all bonds delivered to him.-City of Ironwood v. Wickes (Sup.) 554. Failure of assessors to publish notice of their meeting to hear complaints in both newspapers in a village held not fatal.-Trumbull v. Palmer (Sup.) 614. Failure of assessors to enter on roll names and property of males liable to poll tax held to render the tax levy void.-Trumbull v. Palmer (Sup.) 614. Failure to hold the tax meeting provided by Village Law, Laws 1897, p. 402, c. 414, § 105. is a jurisdictional defect, and vitiates the tax levy.-Trumbull v. Palmer (Sup.) 614. Under Laws 1878, p. 488, c. 410, as amended by Laws 1880, p. 456, c. 318, and further amended by Laws 1881, p. 447, c. 326, and Laws 1897, pp. 3, 5, c. 378, §§ 4, 9, the city of New York held not liable for certain certificates issued by a commission created for the purpose of opening and improving an avenue in Long Island City.-East River Nat. Bank v. City of New York (Sup.) 803. Where, at a sale for taxes, the fees charged and included in the sale are greater than allowed by law, the sale is void.-Gabel v. Williams (Co. Ct.) 240. Holder of certificate of city tax sale cannot maintain summary process to dispossess occupant until the deed is obtained.-Gabel v. Williams (Co. Ct.) 240. MUNICIPAL COURTS. See "Courts," § 3. MUTUAL BENEFIT INSURANCE. See "Insurance," § 13. NAMES. Pleading damages, see "Damages," § 4. By particular classes of parties. See "Carriers," §§ 2, 3; “Executors and Admin- Attorneys, see "Attorney and Client," § 1. See "Bridges," § 1; "Electricity"; "Railroads," Of passenger, see "Carriers," § 3. es," § 1. Of person killed by fall from bridge, see "Bridg- Of servant, see "Master and Servant," § 7. The maintenance, construction, and manage ment of swinging doors attached to a department store held not negligent.-Pardington v. Abraham (Sup.) 670. § 2. Proximate cause of injury. Owners of a department store held not liable for injuries to a visitor by being struck by a swinging door, which was allowed to swing by the negligence of another visitor.-Pardington v. Abraham (Sup.) 670. § 3. Actions. Plaintiff's act in going into a dangerous position held not contributory negligence as a matter of law. Steinacker v. Hills Bros. Co. (Sup).)) 33. In an action for injuries by alleged defective premises, evidence held to constitute a fatal variance.-Reilly v. Vought (Sup.) 492. A boy, going into an alley on private land. leading from a street to a public saloon, keld entitled to the same degree of protection against danger from a dangerous adjacent wall as he would have been on a highway.-Haack v. Brooklyn Labor Lyceum Ass'n (Sup.) 814. In an action for injuries by collision between Designation of parties to action, see "Parties," trucks, evidence held sufficient to render the § 2. NAVIGABLE WATERS. See "Waters and Water Courses"; "Wharves." NEGLIGENCE. Assessment of damages, see "Damages," § 4. question of defendant's negligence one for the jury.-Powles v. Halstead (Sup.) 928. The jury may find that a boy 71⁄2 years of age is not chargeable with contributory negligence. -Fritsch v. New York & Q. C. Ry. Co. (Sup.) 942. NEGOTIABLE INSTRUMENTS. See "Bills and Notes." NEWSPAPERS. Under County Law, § 22 (Laws 1892, p. 1750, Under County Law, Laws 1892, p. 1750, c. Publisher of a newspaper held not to have act- NEW TRIAL. Opening or vacating judgment, see "Judgment," 1. Nature and scope of remedy. An order denying a motion for a new trial 2. Grounds. Erroneous withdrawal of case from jury held Copper & Brass Co. v. Perfect Arc Lamp & New trial granted on the ground that the ver- 3. Proceedings to procure new trial. NEXT OF KIN. See "Descent and Distribution." NONSUIT. Before trial, see "Dismissal and Nonsuit." NONUSER. Of easement, see "Easements," § 1. NOTES. Promissory notes, see "Bills and Notes." Consolidation of action for damages and for in- 1. Private nuisances. The operation of an electric light plant in a electric lighting plant was a nuisance.-Pritch- A lessee of premises is entitled to recover maintenance of a nuisance, consisting of an In an action for damages for the maintenance In an action for damages because of a nui- In an action by a lessee of a hotel for dam- and 121 New York State Reporter ORDER OF PROOF. § 2. Public nuisances. OBJECTIONS. Necessity for purpose of review in criminal OBLIGATION OF CONTRACT. OBSTRUCTING JUSTICE. See "Rescue." OCCUPATION. Of real property, see "Use and Occupation." OFFER. Of proof, see "Trial," § 3. OFFICERS. Mandamus, see "Mandamus," § 1. Particular classes of officers. See "Coroners"; "Judges"; "Receivers"; "Sher- Bank officers, see "Banks and Banking," § 1. Village tax assessors, see "Municipal Corpora- 1. Rights, powers, duties, and liabil- It is against public policy to permit public OPENING. Judgment, see "Judgment," §§ 1, 3. OPINION EVIDENCE. In civil actions, see "Evidence," § 6. OPTIONS. To purchase realty, see "Vendor and Purchas- To rescind contract of sale, see "Vendor and ORAL CONTRACTS. See "Insurance," § 3. A complaint by an assignee to recover the 2. Designation and description. Defects, objections, and amend-held not admissible as evidence against a sub- ment. persons. Where summons in dispossession proceedings Action against copartners should not be dis- Evidence that a firm of which defendant was A general denial to an action against defend- 3. Death of partner, and surviving Recorded declarations that partnership real Partnership real estate, in the absence of 4. Dissolution, settlement, and ac- A surviving partner held entitled to liquidate An administrator of a deceased partner, if PASSENGERS. See "Carriers," § 3. PATENTS. Necessity of allowing competition in purchase § 1. Title, conveyances, and contracts. Contract between an inventor and manu- Contract between manufacturer and inven- PAUPERS. 1. Support, services, and expenses. Under Laws 1892, p. 56, c. 36, § 2, and Laws PAWNBROKERS. pawnbrokers where several loans were made to PAYMENT. and 121 New York State Reporter To contractor as affecting right of subcontractor to lien, see "Mechanics' Liens," § 1. Of particular classes of obligations or liabilities. See "Costs," § 5. Claims against estate of decedent, see "Executors and Administrators," § 5. § 1. Requisites and sufficiency. The delivery of a certified check by a bank depositor to his creditor held to constitute payment to the amount of the check.-Herrmann Furniture & Plumbers' Cabinet Works v. German Exch. Bank (Sup.) 462. Transfer of an interest in a second real estate mortgage as a part of the consideration for goods sold held to constitute payment for the goods to the extent of the agreed value of the mortgage.-John H. Mahnken Co. v. Pelletreau (Sup.) 737. Caused by electricity, see "Electricity." Construction and operation of instructions, see "Trial," § 6. Examination of witnesses, see "Witnesses," § 2. Form, requisites, and sufficiency of instructions, see "Trial," § 6. Harmless or prejudicial character of error in To tenant, see "Landlord and Tenant," § 4. See "Damages," § 4; "Judgment,” § 7; “Usury," § 1. Statute of frauds, see "Frauds, Statute of," §2. In actions by or against particular classes of parties. See "Master and Servant," §§ 2, 8, 9. In particular actions or proceedings. For establishment of trust, see "Trusts," § 5. For personal injuries, see "Master and Servant," §§ 8, 9. |