Penouilh v. Toye Bros. Yellow Cab Co.

This is an appeal by defendants from a judgment taxing as costs to be paid by them the fee of Dr. Frank L. Loria, who, as an expert medical witness called to the stand by plaintiffs, gave evidence touching upon one of the important issues. Plaintiff in this rule prayed that the expert's fee be fixed at $550.

Defendants contend that the fee should not be taxed as costs at all since the views of the expert witness were not accepted by the court and since the issue on which the evidence was given was decided adversely to the contention of the plaintiffs And defendants also maintain that, in any…