Gorton v. United States & Brazil Mail Steam-Ship Co.
New York Supreme Court
Appeal from special term, New York county. Action by George Gorton, as administrator, against the United States & Brazil Mail Steam-Ship Company and George P. Morris for damages for the death of plaintiff’s intestate, alleged to have been caused by neglect of defendants. The jury found a verdict for plaintiff for six cents damages. Defendants appeal from an order allowing the taxation of full costs by plaintiff. Code Civil Proc.
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Appeal from special term, New York county. Action by George Gorton, as administrator, against the United States & Brazil Mail Steam-Ship Company and George P. Morris for damages for the death of plaintiff’s intestate, alleged to have been caused by neglect of defendants. The jury found a verdict for plaintiff for six cents damages. Defendants appeal from an order allowing the taxation of full costs by plaintiff. Code Civil Proc. H. Y. § 1902, provides: “The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to…
1Opinion of the CourtBrady, J.
This action was brought under section 1902 of the Code to recover $5,000 damages, alleged to have been sustained by reason of the neglect of the defendants. The trial resulted in a verdict of six cents in favor of the plaintiff, who, without notice, taxed the full bill of costs, which, upon retaxing, was limited to six cents. Upon the plaintiff’s motion, however, an order was granted authorizing the taxation of a full bill of costs, but granting to defendants a stay until after a determination of an appeal from that order. The Code, § 3228, declares the plaintiff entitled to costs of course…
2Cited by1 opinion
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