Volume 70 — New York State Reporter

<p>Appeal from a judgment entered on a verdict directed for plaintiff.</p>

<p>Appeal from an order, denying defendant’s motion to dismiss the complaint for unreasonable neglect on plaintiff’s part to prosecute the action, and for judgment accordingly.</p>

<p>Appeal from an order, finding the defendants guilty of contempt in disobeying an injunction contained in the judgment.</p>

<p>1. Negligence—Contbibutoky.</p> <p>An action to recover for alleged negligence causing death, freedom of contributory negligence must be provecí ; and, where the circumstances point as much to Hie negligence of the deceased as to its absence, or point in another direction, a refusal to nonsuit is error.</p> <p>3. Same—Nonsuit.</p> <p>A nonsuit is proper if the evidence only suggests a possibility of negligence, or is as consistent with the absence of all negligence as with its existence.</p>

<p>Action on a guaranty.</p>

Action by plaintiff to recover damages for the alienation of her husband’s affections. Motion to vacate attachment against property.

<p>Certiorari to review the action of the board of charities and correction of the city of New York, in removing relator from the position of day keeper in said department for charges preferred.</p>

<p>1. Justice’s court—Judgment—Clerical error.</p> <p>Where a justice of the peace enters judgment for defendant for damages, $5.05, costs, thirty five cents, but in the return on appeal from the judgment, it is stated that the amount entered as damages is in reality costs, and the items making up the amount are given, the entry of damages is a mere irregularity or clerical defect, which can be disregarded.</p> <p>2. Same—Entry.</p> <p>The entry of judgment by a justice of the peace within twenty-four hours after the verdict is an entry “forthwith,” as required by section 3015 of the Code.</p>

<p>Appeal from judgment of the general term of the superior court of the city of Buffalo, entered, upon an order, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury.</p>

<p>1. Master and servant—Appliances.</p> <p>A master is not bound to furnish the best known or conceivable appliances, but is only required to furnish such as are reasonably safe.</p> <p>2. Same.</p> <p>In order to hold the master in such case, the servant is bound to establish that the master omitted some duty owing to him, in consequence of neglect or breach, and, as its proximate cause, he suffered injury.</p> <p>3. Same.</p> <p>Where the source of the damage was a defective eyebolt, not deficient in size or material, but dangerous on account of its being improperly welded, which defect was not apparent to ordinary observation, and the eyebolt was put in the pole by the plaintiff’s fellow workman, the master is not chargeable with negligence.</p>

Action by John McCormack against the mayor, aldermen, and commonalty of the city of Mew York. The action is to recover $246.86 for services alleged to have been rendered by plaintiff, as district superintendent in the department of street cleaning, between April 26, 1894, and March 5, 1895, both dates inclusive.

<p>Pleading—Bill oe particulars—Divorce.</p> <p>A bill of particulars as to alleged acts of adultery in a divorce suit will be denied, where the complaint names the places where the alleged acts were committed and gives the name of one of the persons with whom such acts were alleged to have been committed, though the dates are somewhat indefinite.</p>

Proceeding in the nature of a quo warranta by Oscar Thorn against Jeremiah Pangburn, Jr. Judgment for relator. Held: pursuant to the by-laws of said corporation, for the selection, among others, of a secretary of the corporation, to hold office for one year thereafter. The regular ticket, containing the names of candidates, one for each of the offices to be filed, was furnished to all members who desired to vote.

<p>Demurrer to the counterclaims in the answer.</p>

<p>1. Excise—Local option.</p> <p>A proposition for local prohibition may be submitted at a town meeting by any elector to a town vote, and there "is no necessity for submitting such question to the voters of a town by the selection of “no-license commissioners.”</p> <p>3. Same—Commissioners]</p> <p>Excise commissioners cannot refuse to grant licenses on the ground that they were elected for the purpose of refusing all applications for licenses.</p>

<p>Motion by plaintiff to dismiss the appeal.</p>

<p>Application for a writ of habeas corpus.</p>

Application by John P. Madden for an injunction to restrain the county clerk of Queens county from printing the names of the nominees of the Democratic party for state offices in the party-column of the Gleason faction in Long Island City, which nominated a local ticket under the name of the “Regular Democratic Party ” and adopted the emblem of an ax.

<p>Appeal from an order continuing a temporary injunction.</p>

<p>Conspiracy—Nonsuit.</p> <p>In an action to recover damages for a conspiracy, it is error to refuse a nonsuit as to one of the defendants, where there is no evidence connecting him as a co-conspirator with the other defendant.</p>

Oertiorari to review a local assessment on relator’s premises for r dredging the Buffalo river and excavating rock therein.

<p>Appeal from a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes.</p>

<p>Appeal from an order denying a motion to serve a supplemental answir, defendant appeals.</p>

<p>Motion for reargument. For decision on appeal.</p>

<p>Motion for reargument or for leave to appeal to the court of appeals.</p>