112 N.Y.S. 792 | N.Y. App. Div. | 1908
Both ■ parties appeal from an order made upon review of the. clerk’s taxation of costs. The defendant-appeals from so much- of the: order -as disallows the mileage of eight witnesses. summoned to the city of New York from Buffalo, and the plaintiffs appeal from so much of the-order as denied their motion to - strike from- the, bill of costs a sum allowed for-commissioners’ fees. The action-involved transactions in Buffalo, and required the attendance of witnesses from that city. The defendant sought to tax mileage at the rate, of thirty-three- and'- eighty-four one-hundredths dollars each for eight witnesses. A majority of these witnesses either now are or recently have been in defendant’s employ, while another is in the
The order so far as appealed from by the defendant is affirmed, and so far as appealed from by the plaintiffs is reversed, and the item of twenty-three dollars and twenty cents is disallowed, with ten dollars costs and disbursements to the plaintiffs, appellants.
Patterson,, P. J., Ingraham, Laughlin and Clarke, JJ., concurred.
, Order on, defendant’s appeal affirmed, and on plaintiffs’ appeal reversed, and item disallowed as stated in opinion, with ten dollars costs and disbursements to plaintiffs. Settle order on notice.