Young v. Syracuse, Binghamton & New York Railroad

New York Supreme Court

Young v. Syracuse, Binghamton & New York Railroad

35 Misc. 114, 71 N.Y.S. 221

DecidedMay 15, 1901

StatusPublished

This text of 35 Misc. 114 (Young v. Syracuse, Binghamton & New York Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. Syracuse, Binghamton & New York Railroad, 35 Misc. 114, 71 N.Y.S. 221 (N.Y. Super. Ct. 1901).

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Opinion

Hiscock, J.

The trial fee of thirty dollars must be disallowed. There has been only one trial of the action and for that plaintiffs, without objection, have been allowed to tax a trial fee. The assessment of damages is not a trial, or, as claimed, an inquest so as to allow plaintiff to tax a trial fee. The other disbursements are allowed and the motion to disallow them'denied. I have no doubt that their allowance is amply provided for by the provisions of sections 3228 and 3256, Code.

Ordered accordingly.

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Hiscock, J.

The trial fee of thirty dollars must be disallowed. There has been only one trial of the action and for that plaintiffs, without objection, have been allowed to tax a trial fee. The assessment of damages is not a trial, or, as claimed, an inquest so as to allow plaintiff to tax a trial fee. The other disbursements are allowed and the motion to disallow them'denied. I have no doubt that their allowance is amply provided for by the provisions of sections 3228 and 3256, Code.

Ordered accordingly.

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Bluebook (online)

35 Misc. 114, 71 N.Y.S. 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-syracuse-binghamton-new-york-railroad-nysupct-1901.