Summary
denying costs to either party when neither party prevailed on its claims
Summary of this case from Manorcare of Easton PA LLC v. Estate of NagyOpinion
Action by Hugh Magee and Sinclair Refining Company, intervening plaintiff, against Rev. James McNany, who filed a counterclaim, in an action sounding in trespass. The District Court, Burns, J., held that where jury returned a verdict in favor of neither party and that both parties were negligent, neither was the prevailing party and each party would be required to bear his own costs.
Order in accordance with opinion.
See also 95 F.Supp. 675.
Quinn, Leemhuis, Plate & Dwyer and Frank B. Quinn, all of Erie, Pa., for plaintiff.
Marsh, Spaeder, Baur & Spaeder and Byron A. Baur, all of Erie, Pa., for intervening plaintiff.
Gifford, Graham, MacDonald & Illig and William F. Illig, all of Erie, Pa., for defendant.
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 be 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 course under the provisions of Rule 54(d) of the Federal Rules of Civil Procedure, 28 U.S.C.