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NASH v. RAUN

July 18, 1946

NASH
v.
RAUN



The opinion of the court was delivered by: GOURLEY

Plaintiff brought suit in trespass to recover for personal injuries and damages to his automobile sustained in a collision with a motor truck driven by defendant on October 9, 1941. Defendant's answer denied liability and alleged as a counterclaim an action against plaintiff for damages to defendant's truck, for loss of use thereof and for damages to milk supply which was being hauled on said truck.

This case came on for trial before the late Judge Schoonmaker with the result that the jury returned the following verdict: 'And now, to wit: October 5, 1943, we, the Jurors empaneled in the above entitled case, find on the claim of the plaintiff against the defendant a verdict in favor of the plaintiff, Lewis E. Nash, in the amount of $ 13,500.00, and on the counter-claim of the defendant against the plaintiff we find a verdict in favor of the plaintiff.'

 Motion for a new trial and judgment notwithstanding the verdict were submitted to the trial judge who refused them and an appeal was taken to the Circuit Court of Appeals, with the result that the Circuit Court of Appeals by an opinion filed May 14, 1945, 149 F.2d 885, made the following order: 'On consideration whereof, it is now here ordered and adjudged by this Court that the order of the said District Court denying defendant's motion to set aside the verdict and judgment be, and the same is hereby reversed, with costs, and entry of judgment for the defendant is directed. The order denying a new trial is affirmed. And that the Appellant, Peter Raun, recover against the Appellee, Lewis E. Nash, in the sum of fifth-three and 70/100 dollars ($ 53.70) for costs herein expended and have execution therefor. May 14, 1945.'

 On October 26, 1945, the defendant filed the following bill of costs with the deputy clerk of courts to be taxed:

 Witness fees . . . $ 9.00

 Transcript of Testimony . . . $ 343.50

 Costs awarded in the District Court . . . $ 53.70

 Massachusetts Bonding & Insurance Company (Bond $ 15,000, Feb. 7, 1944 to Feb. 7, 1945) . . . $ 300.00

 Massachusetts Bonding & Insurance Company (Bond $ 15,000, Feb. 7, 1945 to June 23, 1945) . . . 112.50

 Murrelle Printing Company (May 29, 1944, printing Appellant's Appendix to Brief, Circuit Court of Appeals) . . . $ 222.21

 Murrelle Printing Company (July 5, 1944, printing Appellant's Brief, Circuit Court of Appeals) . . . $ 89.03

 Murrelle Printing Company (Oct. 5, 1945 printing Appellee's Answer to Petition for writ of Certiorari, Supreme Court of the United States) . . . $ 33.37

 Total . . . $ 1,163.31

 On November 5, 1945, the plaintiff filed the following bill of costs with the deputy clerk of courts to be taxed:

 Witnesses . . . $ 58.50

 Surveying services . . . $ 20.00

 Clerk of United States District Court (costs) . . . $ 20.00

 Sheriff's Office (Service of Summons and Complaint) . . . $ 7.50

 Batavia Times, August 7, 1944, printing Brief for Plaintiff-Appellee (Circuit Court of Appeals) . . . $ 57.000

 A.K.D. Printing Company, May 29, 1945, printing Petition for Re-hearing (Circuit Court of Appeals) . . . $ 22.00

 Clerk of the United States Supreme Court (costs) . . . $ 195.00

 Total . . . $ 380.00

 The deputy clerk of the United States District Court ignored the bill of costs filed by the plaintiff, and on November 14, 1945, filed the following as ...


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