Appellate Division of the Supreme Court of the State of New York November 12, 1909 (Smith v. Hutton)

Laughlin, J.:

The appeal involves the construction of section 3318 of the Code of Civil Procedure with respect to the mileage to be allowed a witness. The witness resided at Bay Shore, Long Island, but his office was at No. 33 Hew street, borough of Manhattan, New York, where he daily transacted business.