Berls v. Metropolitan Elevated Railroad
New York Court of Common Pleas
At chambers. Action by Robert Berls against the Metropolitan Elevated Railroad Company and another. Plaintiff moves to vacate the report of the referees to whom the cause was referred.
1Opinion of the CourtBookstaver, J.
The issues in this action were referred to Messrs. Andrew H. Green, Dwight H. Olmstead, and Edward C. Donnelly, by order entered on stipulation. The action was tried in November, 1890, and on the 1st of December the referees fixed the 15th of that month for the submission of briefs and findings, and they were submitted about that day. Before the referees had come to any determination, and on the 4th of January, 1891, Mr. Donnelly died. Thereafter, and on the 4th of February, 1891, the following stipulation was entered into between the parties:
“Robert Berls v. The Metropolitan Elevated R. R.…
2Cases cited1 opinion
- Emmet v. BowersThe Superior Court of New York City · 1862