Magee v. McNany
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
BURNS, District Judge.
In this case, plaintiff filed a complaint ■and defendant filed a counterclaim in an action sounding in trespass. The jury returned a verdict “in favor of neither party. Both negligent.” The question arises as to how costs should be taxed.
It will bé my policy,, normally, in such, cases, to require each party to bear his own costs. In my view, neither is “the prevailing party” so as to be entitled to costs as of oourse under the provisions of Rule 54(d) of the Federal Rules of Civil Procedure, 28 U.S.C.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.