Stevens v. New York Elevated Railroad
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Byam K. Stevens against the New York Elevated Bailroad Company and another. Defendants’ motion for a retaxation of costs, where the clerk taxed the cost of the stenographer’s minutes used by the plaintiff in preparing amendments to the proposed case on appeal, was denied. The defendants’ affidavits showed that the copy of the minutes had been procured after the trial, and before the decision of the court at the trial term.
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Appeal from special term. Action by Byam K. Stevens against the New York Elevated Bailroad Company and another. Defendants’ motion for a retaxation of costs, where the clerk taxed the cost of the stenographer’s minutes used by the plaintiff in preparing amendments to the proposed case on appeal, was denied. The defendants’ affidavits showed that the copy of the minutes had been procured after the trial, and before the decision of the court at the trial term. Defendants appeal. For former report, see 8 N. Y. Supp. 313.
1Per curiam
The expense incurred for procuring a copy of the stenographer’s minutes was allowed by the clerk as a reasonable and necessary disbursement on appeal, upon proof by affidavit that such copy was necessary to enable the respondent to propose amendments to appellants’ proposed case, and to make at the end of each amendment the proper reference to the stenographer’s minutes, as required by rule 9 of this court. To such a state of facts the opinion expressed in Apparatus Co. v. Sargent, 48 Hun, 154, to the effect that the fees of a stenographer for a copy of his minutes are not taxable, even when…
2Cited by6 opinions
- Whitney v. RoeNew York Supreme Court · 1894
- Zelmanovitz v. Manhattan Railway Co.New York Court of Common Pleas · 1891
- Carr v. StackhouseNew York Supreme Court · 1922
- McDermott v. YvelinAppellate Division of the Supreme Court of the State of New York · 1905
- McDermott v. YvelinAppellate Division of the Supreme Court of the State of New York · 1905
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