Warner v. Western Transportation Co.

It has long been a settled question, that actions for torts are not referable, although they may involve the examination of long accounts ; and if such an action is referred, it is a mere arbitration, and the courts will not review the decision of the referees. (Yates v. Russell, 17 John. 461. Camp v. Root, 18 id. 22. Johnson v. Parmely, 17 id. 129.) The language used in the Code, (as under the Revised Laws and Revised Statutes,) is broad enough to cover all actions, and yet it has uniformly, and scarcely with an exception, been held that references are proper only in actions founded on…