Myers v. York & C. R. Co.
U.S. Circuit Court for the District of Maine
[This was an action of covenant by John G. Meyers against the New York & Cumberland Railroad Company, to recover damages alleged to have been sustained by reason of plaintiff’s dismissal by the railroad company before the completion of his contract.]
1Opinion of the Court
CURTIS, Circuit Justice.
This action was referred under a rule of the court, entered at the April term, 1853, to John Davis, Marcus Morton, and Nathan Hale, Esquires, and after these referees had fully heard the parties, one of their' number, Mr. Davis, died, and then Mr. Morton became so ill as to be unable to act. The parties thereupon agreed, that the remaining referee, Mr. Hale, should make an award, and he having done so, it was presented to the court at the last term, and its acceptance moved by the plaintiff, and opposed by the defendant, — only one judge being then present, by consent…
2Cases cited2 opinions
- Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
- Brown v. ClaySupreme Judicial Court of Maine · 1850
3Cited by2 opinions
- Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
- Duke v. HarperMissouri Court of Appeals · 1880