Lopiano v. Telephone Co.

Plaintiff seeks to tax costs, claiming as of right under subdivision 1 of section 1470 of the Civil Practice Act. The action was brought to recover the sum of $5,000 damages alleged to have been sustained by reason of the trespass of the defendant on plaintiff’s real property. The complaint alleged that the plaintiff was the owner and entitled to the immediate possession of the premises and as to this allegation the defendant in its answer denied any knowledge or information sufficient to form a belief. Plaintiff obtained a verdict of $400 from a jury. The trial justice ordered that this…