Ritter v. Brack

The above-entitled actions are negligence actions, and arose out of the same accident. To save the time of the court, they were tried together before the same jury. The defendant had a verdict in each case, and has taxed a full bill of costs in both actions. The plaintiffs insist that there was but one trial of an issue of fact, and that a trial fee, therefore, can be taxed in but one action, and not in both. I cannot agree with such contention.

Section 1504 of the Civil Practice Act gives to a party entitled to costs thirty dollars “ for the trial of an issue of fact.” These cases were not…