Burns v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made at the October term, 1891, which affirmed an order of Special Term denying a motion by defendant for retaxation of plaintiff’s costs and also denying an application to tax costs in defendant’s favor. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made at the October term, 1891, which affirmed an order of Special Term denying a motion by defendant for retaxation of plaintiff’s costs and also denying an application to tax costs in defendant’s favor. The facts, so far as material, are stated in the opinion. Plaintiff was not entitled to tax the two items, thirty dollars taking testimony of three witnesses in Pittsburg, and fourteen dollars and fifty cents commissioner’s fees in Pittsburg, and that the defendant was entitled to a full bill of…
1Opinion of the CourtO’Bbiex, J.
The order appealed from adjudged that the plaintiff was entitled to recover costs in the action, and that the defendant was not. The complaint contains three separate and distinct causes of action^ each arising out of the neglect of the defendant to perform its duty as a common carrier. It is alleged that the plaintiff, on three different occasions, delivered property to the defendant within this state tO' transport to different consignees in three different states, and that by reason of its neglect and failure to transport and carry such property to its plane of destination within a…
2Cases cited3 opinions
- Newell Universal Mill Co. v. . MuxlowNew York Court of Appeals · 1889
- People v. FeeterNew York Supreme Court · 1834
- Johnson v. ChappellNew York Court of Common Pleas · 1877
3Cited by2 opinions
- Lanni v. SpallinaNew York Supreme Court · 1963
- Reilly v. LeeAppellate Division of the Supreme Court of the State of New York · 1898