New York Supreme Court February 11, 1891 (Genet v. President of Delaware & Hudson Canal Co.)

Per Curiam.

It was the opinion of the court who heard the appeal in this action that the new trial should be before another referee than the one who had passed upon the issues involved in the action; and, in order that there may be no doubt as to the power of the court to appoint a new referee, the order entered upon the reversal of the judgment should be resettled and amended, by directing that