Jewett v. Boston Elevated Railway Co.

The defendant contends that under a true construction of R. L. c. 203, § 10, where several and distinct causes of action are joined in one suit and where a verdict is rendered for the plaintiff upon one or more counts and for the defendant upon any other or others, each party equally should be allowed the travel and attendance of witnesses necessary upon the count upon which he prevails, notwithstanding the fact that such witnesses are necessary also under other counts upon which the other party prevails.

Whatever formerly may have been the law governing the taxation of costs, the Legislature…