Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1888-02-01
Of Interest to Stenographers.
From the New York Tribune.

Judgment was recovered yesterday IN
an action tried in the supreme court,
before Justice Lawrence and a Jury,
that is Of particular interest and value
to stenographers. Frederick M. Adams
was employed as the stenographer in
the action tried before Rufus G.. Beads
lee as referee in 1885, in which the New
York, Lake Erie q Western Railroad
Company was plaintiff and George w.
Carhart and Clarence A. Blanchard
were defendants. The counsel who
represented these parties before the
referee instructed the stenographer to
furnish one copy OF the minutes to
the referee and one copy to
each of them. The testimony
upon the reference was taken by
Adams office, and the copies were
furnished as requested. After the
reference was concluded the stenogra-
piers bill, amounting to several
hundred dollars, was presented to the
counsel on both sides. The counsel for
the Erie company, in entering up their
judgment against Carhart, taxed the
stenographer's bill among their costs,
but did not pay it. On appeal the gem
eral term modified the Judgment and
decided that no costs should be taxed by
either party. When the stenoerapher
insisted upon the payment of his bill,
each side contended that the other
should pay it. He was therefore
obliged to bring suit against all of them
jointly. The Erie company set up the
defense that there was stipulation be-
fore the referee, to which Mr.. Adams
was party, to the effect that the "suc-
cesstul party should pay the stenog-
rapher, and that under the decision of
the general term the company could not
be considered the successful party. Car
hart and Blanchard also averred that
such stipulation was entered into, but
insisted that it referred to the party sue
cessful before the referee, and that they
should not be made to pay as the Erie
company was successful before the ref
cree.
Mr.. Adams testimony and that of his
assistants and of the referee showed
that if such a stipulation was made it was
merely between counsel and not in the
presence of the stenographer nor was it
recorded, and Mr.. Adams knew nothing
of it until after the reference. Witnesses
for the defendants. however, testified
that Mr.. Adams, or one of his stenogra-
piers, personally entered into the ver-
bal stipulation. Justice Lawrence
charged the jury that if they believed
that Mr.. Adams was a party to such a
stipulation they would find verdict
against the Erie company alone; because
by taxing the bill of costs it had elected
to consider itself the prevailing party,
and it must pay the whole bill. If, how
ever, Mr.. Adams did not agree to look
to the successful party alone, the YER
dict would be against all the defendants
The jury found for the iull amount
against all the defendants. This is the
first time that there had been an adjudi-
cation in this state upon the question
whether in case an unofficial stenogra-
pher is employed to take minutes and
furnish testimony to various parties in a
judicial proceeding, he can hold all of
them Jointly for the whole bill. Henry w.
Sackett was the counsel for Mr.. Adams,
William Parkin appeared for the Erie
company, and c. Bainbridge Smith for
the other defendants.