Dobek v. Austro Americana Steamship Co.

The action is to recover damages for an alleged assault. The case has been tried twice, and a third trial has been ordered but has not yet been had. On the first trial the plaintiff recovered a judgment, which upon appeal to the Appellate Division was reversed and a new trial ordered, with costs to the *642appellant to abide the event. On the second trial the plaintiff again recovered a judgment, which was again reversed by the Appellate Division, a new trial being again ordered. The order of reversal upon the second appeal awarded costs to the appellant absolutely. The defendant has applied to…