Williams v. Western Union Telegraph Co.
The Superior Court of New York City
1Opinion of the CourtTruax, J.
The prevailing party in a difficult and extraordinary case is entitled to an extra allowance of an amount not to exceed five per centum upon the sum recovered or claimed, or the value of the subject matter involved (Code of Civil Pro., sec. 3253).
The above entitled actions were difficult and extraordinary •actions, and the prevailing parties are entitled to an allowance, if there was a sum claimed in the complaint, or if the value of the subject-matter involved can be estimated. The object of these actions is to be ascertained from the nature of the relief asked for in the complaint. The…
2Cases cited4 opinions
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Burke v. CandeeNew York Supreme Court · 1872
- Coleman v. ChaunceyThe Superior Court of New York City · 1867
- Kelsey v. . the Northern Light Oil Co.New York Court of Appeals · 1871
3Cited by2 opinions
- Halfmoon Bridge Co. v. . Canal BoardNew York Court of Appeals · 1914
- Christopher & Tenth Street Railroad v. Twenty-Third Street Railway Co.New York Supreme Court · 1892