Barton v. Johnson

Rowley, P. J.,

This matter is before the court upon defendant’s exceptions to the prothonotary’s allowance of witness fee and mileage to plaintiff’s witness, Frank Katz.

The witness Katz was an employe of plaintiff. He attended the suit, testified and was cross-examined. It is stipulated by opposing counsel that the usually traveled shortest route from Alexandria, Va., residence of witness, to Mercer and return is 600 miles.

Exceptant rests his complaint upon the fact that the witness was not subpoenaed. He cites the Act of July 21, 1941, P. L. 425, 28 PS §416.1, which defines a witness as…