Silmser v. Redfield
New York Supreme Court
Report of referees. This was an action on the case, for injuries done to a scow of the plaintiff,, by the steamboat of the defendants coming in collision with it. The cause was referred to a single referee, who made a report in favor of the plaintiff, upon which a rule for judgment was entered. A motion was made to set aside the report, and to vacate the rule for judgment as irregularly entered.
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Report of referees. This was an action on the case, for injuries done to a scow of the plaintiff,, by the steamboat of the defendants coming in collision with it. The cause was referred to a single referee, who made a report in favor of the plaintiff, upon which a rule for judgment was entered. A motion was made to set aside the report, and to vacate the rule for judgment as irregularly entered. An affidavit was read in opposition, showing various items of moneys paid in repairs, &c. insisted 1. that the action was not referrible, and 2. that at all events, the rule for judgment was…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The statute authorizing cour*; to refer causes, applies only to cases, where accounts, in the common acceptation of that term, may exist an(^ require examination. 2 R. S. 384, § 39. Actions of tort are not embraced ; for though the examination of numerous items of damage may be involved, they do not constitute an account technically or properly speaking, between the parties. This has always been the understanding of the court, as is apparent from the course of the decisions. 17 Johns. R. 129. 18 id. 26. 6 Wendell, 503. 9 id. 480. 13 id. 294. Were we to give to the…
2Cases cited2 opinions
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3Cited by15 opinions
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- Cameron v. FreemanNew York Supreme Court · 1859
- Lindner v. StarinAppellate Division of the Supreme Court of the State of New York · 1908
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
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