Wright v. Sanders
New York Supreme Court
Motion on the part of the defendant to set aside report of referee in favor of the plaintiff, and the judgment entered thereon, and subsequent proceedings, on the ground of irregularity.
1Opinion of the CourtFoster, J.
The action was brought to recover for an injury sustained by the plaintiff, by falling in the night time, into a post hole which had been made on the lands of the defendant, or on the line of the road in front thereof, and a general denial, and various alleged defences were interposed on the part of the defendant. The issues were tried before a sole referee, who reported that “ the plaintiff was entitled to recover against the defendant the sum of $200 damages, as alleged in the complaint.” And he ordered judgment accordingly, with costs, but he did not report any findings of fact, nor any…
2Cases cited2 opinions
- Snook v. FriesNew York Supreme Court · 1855
- Van Steenburgh v. HoffmanNew York Supreme Court · 1852
3Cited by1 opinion
- Petrie v. Trustees of Hamilton CollegeNew York Supreme Court · 1895