Godley v. Kerr Salt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kerr Salt Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Wyoming on the Hh day of November, 1895, denying the defendant’s motion for an additional allowance of costs.
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Appeal by the defendant, The Kerr Salt Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Wyoming on the Hh day of November, 1895, denying the defendant’s motion for an additional allowance of costs. This is a suit in equity to restrain the defendant from diverting or polluting the waters of Oatka creek to the injury' of the plaintiffs, who are the owners of various .mills and manufactories along the line of that stream. The plaintiffs charge that the defendant has established and maintained salt works upon the…
1Opinion of the Court
Adams, J.:
Section 3253 of the Code of Civil Procedure provides for the granting of an extra allowance “in a difficult and extraordinary case, where a defense has been interposed in any action,” which shall not exceed the sum of five per centum “ upon the sum recovered or claimed, or the value of the subject-matter involved.” That this case was sufficiently difficult and extraordinary to authorize the court, in the exercise of its discretion, to award the defendant a reasonable sum by way of additional costs, is not seriously controverted, and it is fair to assume, from the record furnished…
2Cases cited4 opinions
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Rothery v. . New York Rubber Co.New York Court of Appeals · 1882
- Ogdensburgh & Lake Champlain Railroad v. Vermont & Canada RailroadNew York Court of Appeals · 1875
3Cited by2 opinions
- Calladine v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1898
- Murphy v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1898