Di Tommaso v. Syracuse University
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francesco Di Tommaso, from so much of an order of the Supreme Court, made at the Onondaga Trial Term and entered in the office of the clerk of the county of Onondaga on the 21st day of October, 1915, as orders and directs plaintiff to pay to defendant a trial fee of thirty dollars, and to pay defendant’s witness fees, as resettled by an order entered in said clerk’s office on the 20th day of December, 1915.
1Opinion of the Court
Kruse, P. J.:
A physician who made an examination of the injuries of the plaintiff was called as a witness for the defendant to testify upon that subject. He was asked upon cross-examination in whose interest he made the examination and replied: “The insurance company.” Thereupon the defendant’s counsel asked that a juror be withdrawn and the case go over the term, and that the costs of the action be imposed upon the plaintiff. The *35application, to withdraw a juror and postpone the trial was granted and the plaintiff was required to pay a trial fee and the defendant’s witness fees. The trial…
2Cases cited6 opinions
- Chicago City Railway Co. v. CarrollIllinois Supreme Court · 1903
- Hordern v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1908
- Rodzborski v. . American Sugar Refining Co.New York Court of Appeals · 1914
- Rinklin v. AckerAppellate Division of the Supreme Court of the State of New York · 1908
- Grant v. National Railway Spring Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by19 opinions
- Oltarsh v. Aetna InsuranceNew York Court of Appeals · 1965
- Salm v. MosesNew York Court of Appeals · 2009
- Fletcher v. SaundersOregon Supreme Court · 1929
- Curtis v. FickenIdaho Supreme Court · 1932
- McGovern v. OliverAppellate Division of the Supreme Court of the State of New York · 1917
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