Slama v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.
Supreme Court of Minnesota
Appeal by plaintiff, Frank Slama, from a judgment of the District Court of Bamsey County, Charles D. Kerr, J., entered January 20, 1893, for costs. The line of railway from St. Paul to Mendota is owned jointly by the defendants, the Chicago, St. Paul, Minneapolis and Omaha Railway Company and the Chicago, Milwaukee and St. Paul Railway Company. It is kept in repair by the first named company, but at the joint expense of both.
Read the full summary
Appeal by plaintiff, Frank Slama, from a judgment of the District Court of Bamsey County, Charles D. Kerr, J., entered January 20, 1893, for costs. The line of railway from St. Paul to Mendota is owned jointly by the defendants, the Chicago, St. Paul, Minneapolis and Omaha Railway Company and the Chicago, Milwaukee and St. Paul Railway Company. It is kept in repair by the first named company, but at the joint expense of both. Plaintiff was on June 16, 1892, and long had been in the employ of the first named company at work for it on the line of road keeping it in repair. On that day there was…
1Opinion of the CourtMitchell, J.
It was held in Barry v. McGrade, 14 Minn. 286, (Gil. 214,) that in an action of tort against several defendants where the defendants, who prevail, rely upon the same defense, unite in the same answer, appear by the same attorney, and there is but one trial as to all, they are entitled jointly, and not severally, to statutory costs.
The converse of this is equally true, viz. that where the several defendants in good faith interpose separate defenses by separate answers, and appear by different attorneys, each is entitled, on a recovery in his favor, to a separate bill of costs.
We think the…
2Cases cited2 opinions
- Eastman v. VetterSupreme Court of Minnesota · 1894
- Barry v. McGradeSupreme Court of Minnesota · 1869
3Cited by5 opinions
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Eastman v. VetterSupreme Court of Minnesota · 1894
- Merchants' State Bank v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1905
- Jakutis v. Illinois Central RailroadSupreme Court of Minnesota · 1916
- Pesis v. BurdmanSupreme Court of Minnesota · 1934