Smith v. New York Central & Hudson River Railroad
New York Supreme Court
Motion by defendant for a compulsory reference under section 1013, Oode, upon the ground that the trial of the action will involve the examination of a long account.
1Opinion of the CourtHiscock, J.
I see no good reason why this motion should not or cannot be .granted.
The action is brought under chapters 711, Laws of 1892, and 415, Laws of 1897, to recover for 2,364 hours of labor claimed to have been performed by plaintiff for defendant in excess of work days of ten hours each within twelve consecutive hours. The extra services are claimed to have been performed by plaintiff as freight brakeman and conductor upon defendant’s road during the period extending from January 15, 1892, to April 2, 1899. Their performance is denied by defendant’s answer.
The sole and direct object of the action…
2Cases cited2 opinions
- C. & C. Electric Co. v. Walker Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Nicoll v. HaasAppellate Division of the Supreme Court of the State of New York · 1896