Smith v. Lehigh Valley R.
New York Supreme Court
Action by Porter D. Smith, administrator of Amy A. Smith, against the Lehigh Valley Railroad Company. Judgment for plaintiff. Motion for retaxation of costs.
1Opinion of the CourtRich, J.
Defendant objects to certain items of costs, on the appeal to the Appellate Division, taxed by the county clerk, and moves for a retaxation.
Upon the first trial- of this action the plaintiff obtained a judgment for $io,ooo. Upon appeal to the Appellate Division (69 N. Y. Supp. 1112) this was reversed, and a new trial ordered, with costs to the defendant to abide the event, unless the plaintiff should stipulate to reduce the verdict to $7,000, in which event the judgment was to be affirmed, without costs to either party. The plaintiff did so stipulate, and judgment of affirmance was entered,…
2Cases cited4 opinions
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1902
- Matter of Water Commissioners of Amsterdam, ChalmersNew York Court of Appeals · 1887
- Franey v. . SmithNew York Court of Appeals · 1891
- Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1901