Legal Opinion

Burns v. Delaware, Lackawanna & Western Railroad

New York Supreme Court

Decided January 22, 1892PublishedCited by 3 opinions

Appeal from special term, Livingston county. Action by Charles E. Burns against the Delaware, Lackawanna & WesternBailroad Company. The petition contained three causes of action, and plaintiff obtained a verdict on the first, and was nonsuited on the other two. From an order denying its motion for taxation of plaintiff’s costs, and also-denying its application to tax a bill of costs in its favor against plaintiff, defendant appeals.

1Opinion of the CourtMacomber, J.

This appeal involves the application, in respect to costs, of section 32341 of the Code of Civil Procedure, where, under certain conditions, each party is entitled to costs against his adversary. Three causes of action are-stated in the complaint. The first is that the defendant, in disregard of its duties as a common carrier, neglected to transport from Leicester, Livingston county, FT. Y., to Cincinnati, in the state of Ohio, 93 barrels of pears, which were delivered to it on the 26th day of September, 1887. The-second cause of action is that the defendant received from the plaintiff, on…

2Cases cited1 opinion

  1. Newell Universal Mill Co. v. . MuxlowNew York Court of Appeals · 1889

3Cited by3 opinions

  1. Rohrs v. RohrsCity of New York Municipal Court · 1911
  2. Browning v. New York, L. E. & W. R.New York Supreme Court · 1892
  3. Moosbrugger v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896

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