Casiano v. Dukas

The plaintiff sued for damages for personal injuries sustained, as alleged, solely because of the defendant’s negligence. On consent, the cause was referred by Trial Term to be heard and determined by a named Special Referee who had been duly generally appointed as such by the Appellate Division. After trial, the Referee came to the conclusion that the defendant had not been negligent and that the plaintiff had not shown that she was free from contributory negligence ; and he directed that the complaint be dismissed on the merits. Judgment accordingly was entered in the defendant’s favor.

The…