Beresford
Beresford v. Pacific Gas & Electric Co.
Opinion
Opinion
Van Dyke, J.
This is an appeal from an order after judgment taxing costs. An action was brought by Beresford et al., as plaintiffs against Pacific Gas and Electric Company and Public Utilities California Corporation. In that action plaintiffs sought to recover damages through loss of property by fire. During the trial of the action and when plaintiffs had first rested their case, Public Utilities California Corporation moved for a nonsuit, which motion was granted. The case proceeded against Pacific Gas and Electric Company. Plaintiffs appealed from the judgment based upon the order of nonsuit. However, they did not furnish a record for their appeal and in time the respondent Public Utilities California Corporation moved for a dismissal upon that ground. The motion was granted by this court and no special order con-, cerning costs on appeal was made. Thereafter, respondent presented its cost bill in the trial court. The bill contained two items, one of which was for “a copy of reporter’s transcript.” Appellants moved to tax costs, objecting to this item. The trial court allowed the item in the sum of $423.60. Prom the order taxing costs this appeal was taken.