Kummer v. Christopher & Tenth St. Railroad

Upon further consideration, I am convinced that I erred, upon a former motion for a new taxation of costs in this case, in allowing $15 for services after notice of trial and before trial. Such an allowance should not be made in the case of a new trial granted upon an order. The case of Spring v. Day, 44 How. Pr. 390, followed by Chief Judge Daly in Zelmanovitz v. Railway Co. (Com. Pl. N. Y.) 33 N. Y. Supp. 583, is authority for such a charge in the case of a new trial resulting from a disagreement of the jury, but does not present the question of the proper practice in taxation for a new…