Kaliski v. Pelham Park Railroad
New York Court of Common Pleas
Action by Frederick Kaliski against the Pelham Park Railroad Company for personal injuries. Plaintiff recovered $40 damages, and defendant moves for a taxation of costs in his favor.
1Opinion of the CourtDaly, C. J.
The plaintiff brought this action in this court to recover damages for personal injuries sustained through the negligence of defendant while a passenger in its car. The car was driven in a careless manner, and thereby overturned, and plaintiff thrown out and injured. The claim was for $1,000 damages, but he recovered only $40. He claims the right to tax his costs at that sum, and the clerk has refused to tax costs for defendant. The latter moves to compel the clerk to tax his costs. In actions of which a justice of the peace has no jurisdiction the plaintiff is allowed to tax costs, but can…
2Cases cited2 opinions
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Gorton v. United States & Brazil Mail Steam-Ship Co.New York Supreme Court · 1891
3Cited by1 opinion
- Mattes v. PauseNew York Court of Common Pleas · 1892