Seifter v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from so much of an order, made at the Kings County Special Term and entered in the office of the clerk of the county, of Kings on the 7th day of March, 1900, as provides “that the bill of costs in this action be and the same hereby is retaxed by allowing to the plaintiff the extra allowance of five per cent granted by the trial court, to be computed upon the amount of the verdict, and the interest thereon from…
Read the full summary
Appeal by the defendant, The Brooklyn Heights Railroad Company, from so much of an order, made at the Kings County Special Term and entered in the office of the clerk of the county, of Kings on the 7th day of March, 1900, as provides “that the bill of costs in this action be and the same hereby is retaxed by allowing to the plaintiff the extra allowance of five per cent granted by the trial court, to be computed upon the amount of the verdict, and the interest thereon from the date of death of deceased to the entry of the judgment, and also by allowing the two items of $15 each for costs…
1Opinion of the Court
Hirschbekg, J.:
This action was brought to recover damages arising from alleged negligence of the defendant causing the death of the plaintiff’s intestate. Two trials were had, the jury disagreeing on the first trial, and on the second trial rendering a verdict in favor of the plaintiff for $12,500. The trial justice granted the plaintiff, on the latter’s motion made at the time the verdict was rendered, an extra allowance of five per cent. By the order appealed from, which was not made by the trial justice, the county clerk was required to retax the plaintiff’s costs by computing this…
2Cases cited3 opinions
- Spring v. DayThe Superior Court of New York City · 1873
- Zelmanovitz v. Manhattan Railway Co.New York Court of Common Pleas · 1891
- Kummer v. Christopher & Tenth St. RailroadNew York Court of Common Pleas · 1895
3Cited by9 opinions
- Hudson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Hakonson v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
- Vogel Co. v. ReinhardtCity of New York Municipal Court · 1915
- Berrent v. SimpsonAppellate Terms of the Supreme Court of New York · 1909
- Chism v. SmithNew York Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.