Buffalo Insurance v. Providence & Stonington Steam-Ship Co.
U.S. Circuit Court for the District of Southern New York
Appeal by the plaintiff from taxation of the clerk disallowing traveling fees for more than 100 miles of a witness residing in Buffalo, who attended the trial of this cause in the Southern district of New York.
1Opinion of the CourtCoxe, J.
The taxation by the clerk is correct. The law is well settled in this circuit that the traveling fees of a witness residing out of the district- can only be taxed to the extent of 100 miles. Anon., 5 Blatchf. 134; The Leo, 5 Ben. 486; Beckwith v. Easton, 4 Ben. 357. It is true that this rule may work injustice in some instances, but still greater injustice might ensue from the establishment of a rule permitting the successful party to tax the fees of witnesses brought from the remote corners of the Union to testify upon a collateral or inconsequential issue, when their testimony could as well…
2Cases cited3 opinions
- Beckwith v. EastonDistrict Court, E.D. New York · 1870
- AnonymousU.S. Circuit Court for the District of Southern New York · 1863
- The LeoDistrict Court, E.D. New York · 1872
3Cited by11 opinions
- Kirby v. United StatesCourt of Appeals for the Ninth Circuit · 1921
- Barnhart v. JonesDistrict Court, S.D. West Virginia · 1949
- Hanchett v. HumphreyU.S. Circuit Court for the District of Nevada · 1899
- Sloss Iron & Steel Co. v. South Carolina & G. R.U.S. Circuit Court for the District of South Carolina · 1896
- United States v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1909
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