Patrick v. New York State Railways

This case has been twice tried. The first trial was not completed owing to the sickness of a juror, occurring after the case had been summed up and before the jury were charged. The case was again noticed for trial and put upon the calendar of a subsequent term, and tried, resulting in a verdict *474for the plaintiff. Plaintiff has taxed two items of costs after notice and before trial at fifteen dollars each, and two trial fees at thirty dollars each. Defendant brings the matter here claiming that the second item of costs “ after notice and before trial ” should not be allowed.

The question…