8103 - Costs where parties prevail upon separate issues.

§  8103.  Costs  where  parties prevail upon separate issues. Upon the  recovery of a judgment in favor of the plaintiff, the  court  may  award  costs  in  the  action  to  a  defendant  without  denying  costs to the  plaintiff, if it determines that  a  cause  of  action  upon  which  the  defendant prevailed is not substantially the same as any cause of action  upon which the plaintiff recovered the judgment.