Linforth

Linforth v. San Francisco Gas & Electric Co.

Good Law
1908 Cal. App. LEXIS 108·9 Cal. App. 434·99 P. 716
Court of Appeal of CaliforniaNovember 27, 1908Civ. No. 498.California2,053 words

Opinion

Lead Opinion

Chipman, J.

This is an appeal from an order by the superior court of the city and county of San Francisco, made after final judgment, re taxing plaintiff’s costs. The total amount set forth in the memorandum is $260.15. The order may be reviewed. (Southern Cal. Ry. Co. v. Superior Court, 127 Cal. 417 , [ 59 Pac. 789 ]; Elledge v. Superior Court, 131 Cal. 279 , [ 63 Pac. 360 ].)

On the hearing of the question, and after some testimony was taken, the court ordered “that the said motion to tax costs be, and the same is hereby granted at the sum of $160.15.” The court scaled the cost bill by a lump sum, making it impossible to say what particular items were disallowed. We are, therefore, at liberty, in support of the judgment, to make our own assumption on the subject, and we assume that the court rejected the item of $100 charged for two days’ attendance of the witness Thomas Price as an expert, who was not called by the court nor by agreement of the parties, and this would leave the exact amount allowed by the court. The court no doubt accepted defendant’s view as to this item and struck it out on the authority of the cases cited, to wit: Bathgate v. Irvine, 126 Cal. 135, 149 , [ 77 Am. St.…

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