Herbst v. Vacuum Oil Co.
New York Supreme Court
Appeal from special term, Monroe county. Action by Ludwig Herbst against the Vacuum Oil Company. An order setting aside a verdict for plaintiff was affirmed “with costs of the appeal to abide the event,” (15 1ST. Y. Supp. 938,) and on the second trial plaintiff again had a verdict. The clerk taxed the costs of the appeal in favor of plaintiff, and from an order denying a motion for a re-taxation, defendant appeals.
1Opinion of the CourtLewis, J.
The plaintiff recovered a verdict in an action in the supreme court. It was set aside at special term, because the damages were excessive. The plaintiff appealed from the order setting aside the verdict to the general tern). That court made and filed its decision, affirming the order of the special term “with costs of the appeal to abide the event.” A new trial of the action was thereafter had; the plaintiff *43again had a verdict, but for a-smaller amount. The clerk, against the objections of the defendant, taxed the general term costs for the plaintiff. This appeal is from an order of the…
2Cases cited2 opinions
- Durant v. AbendrothNew York Supreme Court · 1888
- Union Trust Company v. . WhitonNew York Court of Appeals · 1879
3Cited by1 opinion
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1897