Brooklyn Heights Railroad v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn City Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of March, 1905, appointing a new referee to hear and determine the issues in the above-entitled action, the evidence having already been taken before another referee.
1Opinion of the Court
Jenks, J.:
In Baird v. Mayor (14 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 involved 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 j think that the court had no' alternative. It was bound under sec- j tion 1011 of the Code of Civil Procedure to appoint a referee in place of Judge Dillon. May v. Moore (24 Hun, 351; cited in 1…
2Cases cited2 opinions
- Biddle v. WillardIndiana Supreme Court · 1858
- Knowlton v. . AtkinsNew York Court of Appeals · 1892
3Cited by3 opinions
- Stokes v. WatkinsonCalifornia Supreme Court · 1922
- Butterly v. DeeringAppellate Division of the Supreme Court of the State of New York · 1913
- Buffalo Cold Storage Co. v. BaconAppellate Division of the Supreme Court of the State of New York · 1910