McMaster v. Booth
New York Supreme Court
—Motion for reference. The complaint sets forth that the plaintiffs occupied one of the shops belonging to the Sing Sing Prison, carrying on the business of plane-making; that the agent of said prison caused to be put, into a wooden building adjoining, a steam engine and furnace, and machinery connected therewith ; that a negro convict was employed to take charge of said engine-room and of the making the fires; and that by reason of the careless and negligent manner in which…
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—Motion for reference. The complaint sets forth that the plaintiffs occupied one of the shops belonging to the Sing Sing Prison, carrying on the business of plane-making; that the agent of said prison caused to be put, into a wooden building adjoining, a steam engine and furnace, and machinery connected therewith ; that a negro convict was employed to take charge of said engine-room and of the making the fires; and that by reason of the careless and negligent manner in which the fire in said furnace was kept, the building took fire on the 19th July, 1843, whereby the property in the shop…
1Opinion of the Court
Barculo, Justice.
—It is quite clear that, if the plaintiffs succeed in establishing the facts which constitute the defendant’s liability on the ground of negligence, it will be necessary to inquire into a great number of items of damages, which may render the trial protracted and difficult to be disposed of by a jury. The reasons for a reference, therefore, on the score of convenience and economy of time, are of the most cogent character, and I should certainly grant this motion if it could be legally done.
But the question is, whether this is a referrible case ?
Under the old order of things,…
2Cases cited3 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Silmser v. RedfieldNew York Supreme Court · 1837
- Beardsley v. DygertNew York Supreme Court · 1846
3Cited by2 opinions
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
- Ross v. Mayor of New YorkThe Superior Court of New York City · 1866