Boom v. City of Utica
New York Supreme Court
Motion by the defendants to set aside the report of a sole referee. The action was trespass on the case, brought by the plaintiff, against the defendants for placing, or causing to be placed, certain persons having the small pox in a house in the plaintiff’s possession, without his consent, and against his will. The facts, as they appeared in evidence before the referee, are fully stated in the opinion of the court. The referee made a report in favor of the plaintiff for $75.
1Opinion of the Court
By the Court, Gridley, J.
A preliminary objection is raised in this cause to the right to review the decision of the referee; upon the ground that the case was not referable under the statute. Prior to the act of 1845, this would doubtless have been a good-objection. (See 19 Wend. 108; 5 Id. 535.) But by that act, (Sess. L. of 1845, p. 163,) it is provided that actions of tort may be referred, by consent of the parties, and that such reference shall be subject to the provisions contained in the revised statutes, on the subject of referring actions at law. We are of the opinion that a reference…
2Cases cited3 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Whitcomb v. GreenNew York Supreme Court · 1846
3Cited by14 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- White v. City of San AntonioTexas Supreme Court · 1901
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Webster County v. TaylorSupreme Court of Iowa · 1865
- Regan v. FosdickAppellate Terms of the Supreme Court of New York · 1897
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