¶1It appears, by tbe submission, that it was the intention of the parties, to refer the whole matter of the damages done by the trespass, on the body of the infant, to the decision of the arbitrators; and the award is correspondent to tbe submission: And tbe plaintiff bad right to receive satisfaction for the trespass done to his son (as be was his natural guardian) as well as for tbe damage done to himself; and it is immaterial whether the damage was ascertained by agreement of tbe parties, or award of arbitrators: Therefore, a recovery in this case will be a bar of any action *218for that trespass, and the awarding entire damages cannot prejudice the defendant. — So judgment was for the plaintiff.
1 Kirby 215
Beebe v. Trafford
Decided February 15, 1787
Connecticut Superior Court · decided 1787-02-15
In an action of debt on bond — tbe defendant, after oyer, Set forth a condition, in the following words, viz. — “It is covenanted between the said parties, to refer and submit the whole matter (in every consideration) of the injury done to the private parts of E. B. Jr. son to E. B. aforesaid, by S. B. son to the wife of W, T. some time in November instant, to be finally settled and determined by the arbitrament and award of Messrs.
Decided 1787-02-15