Wheat v. Van Dyne Oil Co.

This is a motion for the retaxation of costs in each of the above-entitled actions.

The facts out of which this question arose are, briefly, as follows: These actions appeared regularly upon the calendar of the April, 1941, Trial Term for the county of Steuben to be convened at Coming, N. Y.; they were moved when reached, proceeded to trial together and, in the course thereof, defendants objected to the admissibility of certain medical evidence. Counsel for the plaintiffs stated to the court that the doctor upon whom he relied and who had taken care of the infant plaintiff Sally Elaine Wheat…