Seasongood v. New York El. R.
The Superior Court of the City of New York and Buffalo
Action by Lewis Seasongood and others against the New York Elevated Railroad Company and another, and seven other cases, to recover damages and for an injunction. After the eases 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
Action by Lewis Seasongood and others against the New York Elevated Railroad Company and another, and seven other cases, to recover damages and for an injunction. After the eases 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. 17 N. Y. Supp. 945. On the 18th day of March, 1892,…
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, 9 Civil Proc. R. 421, that “a stenographer is not legally known in judicial proceedings, except as an officer of the court, acting under its discretion, 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 casein hand; the employment being by the party or parties for liis or…
2Cases cited4 opinions
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
- Sebley v. NicholsNew York Supreme Court · 1866
- Stevens v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1890
- Adams v. New York, Lake Erie & W. R. R. Co.New York Supreme Court · 1888