Hoffman v. N. Y., Lake Erie & Western R. R.

The Superior Court of New York City

Hoffman v. N. Y., Lake Erie & Western R. R.

18 Jones & S. 512

The Superior Court of New York City·Decided March 3, 1884·Published

Opinion

Per Curiam.

The appellant is entitled to tax mileage for but one attendance. The witnesses could have compelled the payment of but one fee for mileage. Any payment in excess of one was a gratuity from the defendant to the witness and cannot be taxed.

The appellant is entitled to tax a fee of fifty cents for each day the witnesses were in attendance. This number of days appears to be correctly stated in the bill of costs.

The order appealed is modified so as to allow the appellant witnesses’ fees for each day’s attendance, and as modified is affirmed without costs.

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Per Curiam.

The appellant is entitled to tax mileage for but one attendance. The witnesses could have compelled the payment of but one fee for mileage. Any payment in excess of one was a gratuity from the defendant to the witness and cannot be taxed.

The appellant is entitled to tax a fee of fifty cents for each day the witnesses were in attendance. This number of days appears to be correctly stated in the bill of costs.

The order appealed is modified so as to allow the appellant witnesses’ fees for each day’s attendance, and as modified is affirmed without costs.

Hoffman v. N. Y., Lake Erie & Western R. R., 18 Jones & S. 512 (N.Y. Super. Ct. 1884).

Pincite

18 Jones & S. 512 (Hoffman v. N. Y., Lake Erie & Western R. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.