Brooklyn Heights Railroad v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by the Brooklyn Heights Railroad Company against the Brooklyn City Railroad Company. From an order appointing a referee, defendant appeals. Affirmed.
1Opinion of the CourtJenks, J.
In Baird v. Mayor, 74 N. Y. 382, the appellant had opposed the reference ordered, but suffered it to proceed without further objection. The court held that this was a consent, which *850involved a waiver of any constitutional right to trial by jury. A fortiori the ruling applies to the case at bar, for not only did this reference proceed without objection, but it was ordered upon consent. I think that the court had no alternative. It was bound, under section 1011 of the Code of Civil Procedure, to appoint a referee in place of Judge Dillon. May v. Moore, 24 Hun, 351, cited in Knowlton v. Atkins,…
2Cases cited4 opinions
- Baird v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Biddle v. WillardIndiana Supreme Court · 1858
- Knowlton v. . AtkinsNew York Court of Appeals · 1892
- Hustis v. . AldridgeNew York Court of Appeals · 1895
3Cited by1 opinion
- Stokes v. WatkinsonCalifornia Supreme Court · 1922