Loncz v. International Railway Co.

The plaintiff is a resident of the city of Lackawanna, which is adjacent to the city of Buffalo. She sued the defendant for damages for personal injuries, and recovered a verdict of fifty dollars. Upon this verdict a judgment was entered for fifty dollars damages, and ninety-nine dollars and ninety-three cents costs.

The defendant has moved to vacate and disallow the costs upon the ground that the plaintiff is not entitled to costs under section 1474, subdivision 7, of the Civil Practice Act, which reads as follows: " The plaintiff shall recover no costs or disbursements * * *. (7) In an…