Doyle v. Metropolitan Elevated Railroad
New York Court of Common Pleas
Appeal from special term. Action for damages by Anna Maria Doyle against the Metropolitan Elevated Railroad Company and another. Defendants moved for a resettlement of an order of reference, and to vacate the reference, and from an order denying both motions they appeal. Order denying resettlement affirmed. Order denying motion to vacate reversed. For former reports, see 8 N. Y. Supp. 323, 11 N. Y. Supp. 65, and 12 N. Y. Supp. 548.
1Opinion of the CourtPryor, J.
The appeal is from two orders, one a motion to settle an order of reference, and the other denying a motion to vacate the reference. As to the proposed order upon resettlement, the learned trial judge refused it, because of the omission of “matters essential to a proper review of the order of reference, ” and because of recitals in it, said by the judge to be inaccurate. There being no authentic record of the facts in question, we accept the recollection of the court as conclusive. But, should the divergency of view between the court and counsel be supposed to leave the facts in doubt, it is…
2Cases cited11 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Camp v. . IngersollNew York Court of Appeals · 1881
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Thayer v. . McNaughtonNew York Court of Appeals · 1889
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3Cited by2 opinions
- Buell v. HollinsAppellate Terms of the Supreme Court of New York · 1896
- Rayex Corp. v. SanchezAppellate Division of the Supreme Court of the State of New York · 1958