Shifrin

On this appeal by plaintiffs from a judgment entered on a jury verdict in their favor for $1,747 property damages in excess of insurance coverage, the contentions are that the trial court erred by: 1) instructing the jury to subtract from the total damages sustained the amount of $81,633.19 received by plaintiffs from their insurer; 2) excluding certain evidence; 3) allowing the jury to view two other apartment buildings; and 4) rejecting their claim for attorney fees.

As no contentions are raised concerning the sufficiency of the evidence to support the judgment, a brief summary is sufficient. On February 20, 1962, plaintiffs’ 17-unit apartment house in Mountain View was severely damaged by a gas fire and explosion, for which defendants, McGuire & Hester Construction Company, Pacific Gas and Electric Company, and the City of Mountain View, admitted responsibility. At the time of the loss, plaintiffs were covered by a standard form fire insurance policy issued by Northern Insurance Company of New York (hereafter referred to as Northern) for a specified maximum coverage of $151,500 for property damage and $11,700 for loss of rental income.

After the fire and explosion, plaintiff,…