Talcott v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Talcott, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day of July, 1904, denying the plaintiff’s motion to review the taxation and retaxation of the defendant’s costs theretofore had in the action, and for a retaxation of the defendant’s costs.
1Opinion of the Court
Laughlin, J.:
The action was brought against the defendant, as a common carrier, for the loss of personal property checked as baggage. Four causes of action were originally alleged in the complaint; the first for the loss of property checked as plaintiff’s baggage, and the other three on assigned claims.
The issues were first tried at Circuit, and the plaintiff voluntarily suffered a nonsuit upon the third and fourth causes of action, and recovered judgment upon the other two. On appeal this judgment was reversed and a new trial granted, with costs to appellant (defendant) to abide the event.…
2Cases cited6 opinions
- In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
- Talcott v. Wabash R.New York Supreme Court · 1895
- Talcott v. Wabash RailroadNew York Supreme Court · 1892
- Hascall v. KingAppellate Division of the Supreme Court of the State of New York · 1900
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