Prew v. South Dakota Central Railway Co.
South Dakota Supreme Court
Appeal from 'Circuit Court, Minnehaha County. H-on. Joseph W. Jones, Judge. Action by Delia A. Prew against the South Dakota Central Railway ¡Company. Ero'm an order directing the clerk to- tax costs of the stenographer’s transcript of evidence, against plaintiff, she appeals.
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Appeal from 'Circuit Court, Minnehaha County. H-on. Joseph W. Jones, Judge. Action by Delia A. Prew against the South Dakota Central Railway ¡Company. Ero'm an order directing the clerk to- tax costs of the stenographer’s transcript of evidence, against plaintiff, she appeals. Appellant submitted that: The statutes ordinarily provide for allowance- of costs in the action as- distinguished from either interlocutory or special proceedings; and wherever so authorized the statutory allowance of costs is universally in favor -of the prevailing party in the action; and -cited: Anderson’s Law…
1Opinion of the CourtSmith, J.
In February, 1914, appellant obtained a verdict and judgment against defendant, who is respondent, for damages for the loss of household goods by the alleged negligence of defendant, a common carrier. The defendant procured a transcript of evidence and proceedings at the trial, at a cost of $19.35, upon which it founded a motion for a new trial, which was granted in September, 1914. The cause was again tried, resulting in a verdict for plaintiff, upon which judgment was entered for damages in the sum of $160, and costs taxed at $118, in all $278. On November 25th, upon due notice, defendant…
2Cases cited1 opinion
- Elfring v. New Birdsall Co.South Dakota Supreme Court · 1903
3Cited by1 opinion
- Heezen v. Aurora CountySouth Dakota Supreme Court · 1978