Court of Appeals 1912

Court of Appeals 1912

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...inference of good intention could be drawn.. Such proof must be foimd in the record am in its absence the Trial Court would not be justified in subrnittiuy the questions to the jury. See opinion of Rich, J., in Young v. Bradley, 129 App. Div., at page 682. As was said in this same opinion, at page 683, " There can be no question but that there must be ' some evidence that the defendant had actual ' knowledge of the true cause of the injury and ' that there was no intention on the part of the 'plaintiff in the wording of the notice, to mis' lead." The Finnegan case is also instructive and very much in point. It was conceded in the Finnegan case that there was no intent to deceive, and no criticism was made so far as the statement of time and place was concerned, the criticism being that urged under Point (b) in this case, that the notice was entirely insufficient and inadequate so far as it purports to state the cause of injury. In that case, " attention was also called to the ' fact that the foreman of the defendant reached ' the place of accident immediately after the latter ' occurred, and it was argued that, therefore, he, ' and through him the defendant, must have had ' knowledge of what was the trouble, and, there' fore, there should not be a failure of the cause of ' action because of a deficiency of the notice." In considering this contention, the Court says, at page 250, " This contention takes us directly to ' the question whether, when the statute requires ' a notice to be given of such a claim as is involved ' here, the requirements of the statute may be dis' pensed with provided a Court may find more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • United States
  • English
  • black & white illustrations
  • 1236773829
  • 9781236773821