Vibbard v. Kinser Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Kinser Construction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Saratoga on the 1st day of May, 1910, denying the defendant’s motion for a retaxation of costs.
1Opinion of the Court
Kellogg, J.:
The action was tried and a motion upon the judge’s minutes for a new trial was made and argued. A dispute' arose as to the testimony of the witness Duprey. The court directed written briefs to be submitted and that counsel furnish that portion of the testimony of said witness which referred to the speed at which the crane' was moving just prior to the time of the accident. Thereupon the plaintiff ordered the.stenographer *674to furnish the testimony of Duprey, hut the stenographer furnished the minutes of the entire trial. The testimony of -. Duprey was submitted to the court, and the…
2Cases cited2 opinions
- Hudson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Federal Smelting Co. v. Security Steel & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Hopkins v. HawkinsNew York Supreme Court · 1925