O'Neil v. Kansas City, S. & M. R. Co.
United States Circuit Court
Application for Witness Foes. Those wore suits for damages sustained by the plaintiffs by reason of the construction by defendant of its railroad tracks along the street in front of their property, whereby the ease of ingress and egress was impaired. There were several such suits, brought by other owners having property abutting on the street so occupied by the railroad, and all resulted' in judgments against the defendant.
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Application for Witness Foes. Those wore suits for damages sustained by the plaintiffs by reason of the construction by defendant of its railroad tracks along the street in front of their property, whereby the ease of ingress and egress was impaired. There were several such suits, brought by other owners having property abutting on the street so occupied by the railroad, and all resulted' in judgments against the defendant. In several instances the same witness was summoned for the plaintiff in more than one case, though there is no pretense that any witness was paid or tendered his fees,…
1Opinion of the CourtHammond, J.
In the cases of Archer v. Insurance Cos., ante, 660, (decided at the April term, 1887,) I ruled that, under section 848 of the Revised Statutes, a witness summoned in several suits, and who attended under service upon him of subpoena in each suit, was entitled to his fees in all the eases, the parties being different; and that the fact that there ivas a common defendant, the plaintiffs not being the same, did *664not alter the rule. That was the sole question in those cases, so far as the fees of witnesses were involved. Here the defendant denies its liability under the judgments rendered against…
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