Legal Opinion

Kalanianaole v. Pacific Mail Steamship Co.

District Court, D. Hawaii

Decided October 11, 1905Published

In Admiralty: Motion for Costs.

1Opinion of the Court

Dole J.

The decision on the merits in this case awarded one dollar as damages to the libellant, leaving the question of costs open, and thereafter, the court heard argument of counsel, both sides asking for costs.

“Courts of equity dispose of the question of costs according to the justice of the case, in the sound discretion of the court; Nicoll v. Trustees of Town of Huntington, 1 Johns. Ch. 166; and courts of admiralty follow the same rule.” The Martha, 16 Fed. Cas., 860, 865 (No. 9,144).

The case of Nicoll v. Trustees, &c., cited in this authority, has the following ruling as to costs, pages…

2Cases cited3 opinions

  1. Nicoll v. TrusteesNew York Court of Chancery · 1814
  2. The MarthaDistrict Court, S.D. New York · 1830
  3. The Gomez De CastroDistrict Court, E.D. New York · 1879

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