Byrne v. Brooklyn City & Newtown R. Co.

This case first came on for trial on February 9, 1893, and a jury having been impaneled and the case opened on behalf of the plaintiff, defendant asked leave to withdraw a juror on the ground of surprise; after argument, the application was granted on the condition and stipulation that the defendant “ pay to plaintiff or her attorney all the costs and disbursements in the action to date,” to be taxed by the clerk; said costs and disbursements were duly taxed and were paid by defendant. In the costs were included the following items: “ Before notice of trial, $25; after notice, $15 ; trial…