Guerini Stone Co. v. P. J. Carlin Construction Co.

HamiltoN, Judge,

delivered the following opinion:

This is a matter of costs brought np on appeal from the taxation by the clerk. There is a witness Follett who came *178from tbe States here to' attend the trial, and the clerk declined to tax up as costs his traveling expenses except for 100 miles, in other words denied the ocean travel, as I understand it, and it is necessary to decide the point for our guidance in the future. It seems that in the first circuit, of which we are now a part, Mr. Justice Story, as far back as 1842, decided that the traveling expenses should be included even where the…