Oakley v. Norfolk & Western Railway Co.

MEMORANDUM

WALTER E. HOFFMAN, Chief Judge.

A controversy having arisen as to the taxation of costs in these cases, and counsel having submitted the facts by agreement, the following is for the guidance of counsel.

No. 5779 (Oakley) was tried on damages only on March 23, 1967. The defendant had admitted liability on March 9-10, 1967. Prior to the admission of liability by defendant, counsel for plaintiff had caused certain subpoenas to be issued for witnesses deemed necessary to prove liability. On or about March 17, counsel for plaintiff wrote letters to the liability witnesses notifying them…