Magee v. McNany

District Court, W.D. Pennsylvania
Magee v. McNany, 11 F.R.D. 592 (1951)
1951 U.S. Dist. LEXIS 3697

Magee v. McNany

Opinion of the Court

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.

Reference

Full Case Name
MAGEE v. McNANY
Cited By
6 cases
Status
Published