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Thoro is no direct t~stioo~? o! th• tiwa or •ffort furniahed
i
by Mrs. Castorina sina• ah• did not ~ppear at th~ trial. Ther~ is ~
evidence that she apent twsl~e days in tho hotsl vhere the aub~eat ~
husband xas lioinq, but the actual number of houra a day she ~rozkad ~
is not proven. The plaintiffs seek to recover for t~renty-four hours
a day of her time. T~at is unreasonable, how~ever, as it stretches
credulity to consider this a nonstop, round the clock surveillence '
by one person. The aontract sets a four-hour-a-da~y minimum, so
payment of 48-houra at $?.00 an hour or $936.00 is reasonable. While
the Plaintiffe w~culd be emtitled to more money if they had pro~en
more services, they have the bv~s~den of proo~ and have not ~net it ia
this case.
The Court finds that there was no coatract for e~cpenses in
addition to an hourly rate. Neither the ca~plaint in this case nor
the initial bills introduced in evidenoe claim eapenses. The wife _
advanced $100.00 to~rard pa~yment of` the fee and the additioAal sum
of $550.00 for an outside operator. Since she- did not qet the con- ~
tracted for detective, she should be refunded the $550.00. The $100.00
deposit should be credited on the bill. .
Accordingly, a judgment should be entered for~the Plaintiffs
against the Defendants in the amount of $630.00 for Mr. Castorina's
; _
i work, plus $336.00 for l[rs. Castorina's w~ork, less the $100.00 deposit~
€ for a total of $866.00. The Defendant Teresa, however, is' entitled
~ to a judgment aqainst the Plaintiff for $550.00 and also to a judq- .
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E
Y
~ ment against the Defendant John for $866.00 plus the $100.00 deposit
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~ or a total of $966.00. Costs, in the amouat of $100.25, shonld be
~ awarded to the Plaintiff and, if collected fraQa the Defendant Teresa,
she should have judgment over aqainst the Defendant John.
c For the foregoinq reasons it is: .
~ ORDERED and ADJUDGED that: .
Q
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~ (1j The Plaintiffs be and they are hereby awar~ded judgment
~ aqainst~the Defendants Teresa A. Case and John R. Case in the sum of
~
? $866.00 plus costs of $100.25 for which sums let execution issue.
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~ (2) The Defendant, Teresa A. Case, be and she is hereb~y awarded
~ jud~ment aqainst the Plaintiffs in the amount of $550.00 for which ~
~ ~
~ sum let execution issue. ~
~ (3) The Defendant, Teresa A. Case, be and she is he=eby a~,rarded
~ judgment aqainst the Defendant, John R. Case, in the amount of $966.00
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