Legal Opinion

Seasongood v. New York Elevated Railroad

The Superior Court of New York City

Decided March 29, 1892Published

These are the ordinary actions against the elevated railroad companies, to recover damages and for an injunction. After the cases had appeared upon the calendar of the court, they were referred to Mr. William H. Willis, referee, to hear and determine. Judgments were entered on the report of the referee against the defendants, from which judgments defendants appealed to the general term of this court.

Read the full summary

These are the ordinary actions against the elevated railroad companies, to recover damages and for an injunction. After the cases had appeared upon the calendar of the court, they were referred to Mr. William H. Willis, referee, to hear and determine. Judgments were entered on the report of the referee against the defendants, from which judgments defendants appealed to the general term of this court. On the argument of the appeal before the general term the judgments were affirmed, with costs. On the 13th day of March, 1892, bills of costs were taxed for the plaintiffs. The clerk of the court…

1Opinion of the CourtMcAdam, J.

The stenographer at a reference is not an officer of the court.

It was held in the case of Varnum v. Wheeler, Supreme Court, 9 Civ. Pro., 421, that “A stenographer is not legally known in judicial proceedings, except as an officer of the court, acting under its direction and subject to its control; hence the cases holding that the expense to a party for a copy of the minutes kept by him, in a trial before a referee or other party where his services are invoked, are not taxable as a necessary disbursement, are not applicable to the case in hand; the employment being by the party or parties for…

2Cases cited3 opinions

  1. Mark v. . City of BuffaloNew York Court of Appeals · 1881
  2. Sebley v. NicholsNew York Supreme Court · 1866
  3. Adams v. New York, Lake Erie & W. R. R. Co.New York Supreme Court · 1888

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API