Gallagher v. Union Pac. R.

CAFFEY, District Judge.

This is a motion by defendant to review the clerk’s taxation of costs. The action was brought to recover damages for injuries which plaintiff claimed he had sustained in the wreck of a railroad train of defendant in Nevada. The jury brought in a verdict for defendant and it sought to tax as part of its -costs attendance, subsistence and mileage for five witnesses, each of whom resided much more than 100 miles from New York City and none of whom had been subpoenaed. The clerk struck these items, endorsing on the bill the following:

“Objection sustained. Witnesses not…