Ballard Transfer & Storage Co. v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the municipal court of St. Paul. Defendant set up a counterclaim. The jury returned a verdict in favor of defendant. Plaintiff objected to the taxation of defendant’s costs and disbursements on the ground that defendant was not the prevailing party in -the action, and appealed from the taxation by the clerk. Upon appeal the taxation of costs was set aside, Finehout, J., who ordered that no costs and disbursements be allowed either party.
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Action in the municipal court of St. Paul. Defendant set up a counterclaim. The jury returned a verdict in favor of defendant. Plaintiff objected to the taxation of defendant’s costs and disbursements on the ground that defendant was not the prevailing party in -the action, and appealed from the taxation by the clerk. Upon appeal the taxation of costs was set aside, Finehout, J., who ordered that no costs and disbursements be allowed either party. From that portion of the judgment adjudging that no costs or disbursements be allowed either party, entered pursuant to the order of the court,…
1Opinion of the CourtHolt, J.
A collision between a motor truck and a street car damaged both vehicles. Plaintiff, the owner of the truck, sued defendant, the owner of the street car, for damages, alleging that defendant’s negligence caused the collision. Defendant entered a denial, and counterclaimed for the harm done its street car by plaintiff’s want of due care. The verdict, rendered in the municipal court of the .city of St. Paul, was in favor of defendant, but without damages. The *495clerk taxed costs against plaintiff. On appeal the clerk’s action was vacated, and an order made allowing neither party costs or…
2Cases cited7 opinions
- Ozias v. HaleyMissouri Court of Appeals · 1910
- David Dows, Jr. & Co. v. GlaspelNorth Dakota Supreme Court · 1894
- Lykins v. HamrickCourt of Appeals of Kentucky · 1911
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- Bangor & Piscataquis R. R. v. ChamberlainSupreme Judicial Court of Maine · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schrader v. NevilleCalifornia Supreme Court · 1949
- Checketts v. CollingsUtah Supreme Court · 1931
- United States v. Minneapolis, St. P. & S. S. M. Ry. Co.District Court, D. Minnesota · 1916
- Basil v. PopeWashington Supreme Court · 1931
- Coldwell Banker Commercial Group, Inc. v. Camelback Office ParkCourt of Appeals of Arizona · 1987
5 more not listed; retrieve them via the Exa API.