# Magee v. McNany

> District Court, W.D. Pennsylvania · October 3, 1951 · 11 F.R.D. 592

URL: https://www.frixlaw.com/law-library/cases/9022928

## Case

- **Full name:** MAGEE v. McNANY
- **Court:** District Court, W.D. Pennsylvania
- **Decided:** October 3, 1951
- **Citations:** 11 F.R.D. 592; 1951 U.S. Dist. LEXIS 3697
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Burns
- **Judges:** Burns
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9022928

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9022928. Public record. Not legal advice.