Burrow v. Kansas City, Ft. S. & M. R.
U.S. Circuit Court for the District of Western Tennessee
At Law. Action by Viola W. Burrow against the Kansas City, Ft. Scott & Memphis Railroad Company. Heard on motion to retax costs.
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At Law. Action by Viola W. Burrow against the Kansas City, Ft. Scott & Memphis Railroad Company. Heard on motion to retax costs. Statement by HAMMOND, J.: This was an action at law against a foreign corporation for damages claimed by plaintiff from the defendant for negligently causing the death of her husband in Arkansas, and it resulted in a verdict in the defendant’s favor with judgment for costs against the plaintiff and the surety on her $250 prosecution bond in the case. The only items involved in the motion are the fees of four of the defendant’s witnesses. The case was continued two…
1Opinion of the Court
HAMMOND, J.,
(after stating the facts.) Costs in the federal courts include, among” other items, “the amount paid printers and *280witnesses,” (Rev. St. § 984,) and defendant can therefore recover here only the amount actually paid bv it to each of these witnesses, (O’Neil v. Railroad Co., 31 Fed. Rep. 663; Beckwith v. Easton, 4 Ben. 358; The Highlander, 19 How. Pr. 334.) And it cannot even recover the amount so paid if in any instance such amount exceed the legal fees due to the witness. Nor can these fees of the different witnesses be grouped together, in order to make the sum equal or exceed…
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- Spaulding v. TuckerU.S. Circuit Court for the District of California · 1871
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- Woodruff v. BarneyU.S. Circuit Court for the District of Southern Ohio · 1862
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