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accident action affirmed agreement alleged amount ANDREWS Appellate Division application assignment authorities Bank CARDOZO cause charge CHASE City claim Code COLLIN commission Company complaint conclusion consent constitute construction contained contract corporation costs counsel court CRANE damages decided decision defendant defendant's determine directed dismissed duty effect election employee entered entitled error evidence ex rel existing facts favor filed fixed follows given ground held HISCOCK injury intention interest issued January judgment judicial jury legislature lien material Matter ment Misc nature negligence notice officer Opinion owner paid parties payment performance person plaintiff Points present proceeding provisions public service purchase question rates reason received recover reference regulation respondent reversed rule Special Statement statute street sufficient sustained Term thereof trial trust village York
Stran 72 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Stran 235 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Stran 546 - ... where a particular class is spoken of and general words follow, the class first mentioned is to be taken as the most comprehensive and the general words treated as referring to matters ejusdem generis, with such class, the effect of general words, when they follow particular words, boing thus restricted.
Stran 558 - ... such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the commission.
Stran 564 - ... any act or thing done or omitted to be done by any public utility including any rule, regulation or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission...
Stran 480 - ... all statements purporting to be made by the insured shall in the absence of fraud be deemed representations and not warranties.
Stran 232 - Commission shall be of opinion, after a hearing had upon its own motion or upon a complaint, that the rates, fares or charges demanded, exacted, charged or collected by any common carrier...
Stran 406 - All charges made or demanded by any such gas corporation, electrical corporation or municipality for gas, electricity or any service rendered or to be rendered, shall be just and reasonable and not more than allowed by law or by order of the commission having jurisdiction.
Stran 431 - At the close of the testimony, defendant's counsel, among other things, requested the court to charge the jury "that there is no evidence in the case of a completed sale of the securities to the defendant; and the plaintiff, therefore, cannot recover.