254 P. 687 | Cal. Ct. App. | 1927
This action involves the exercise of the right of eminent domain. Decree of condemnation having gone for plaintiff, defendant Youngworth filed a memorandum of his costs and disbursements, whereupon plaintiff filed its notice of motion to tax the costs. Upon the motion coming on to be heard the trial court made its order denying it. From this order plaintiff appeals.
The items of the cost bill to which exception was taken showed the payment of fees to certain experts upon the value of real property, in compensation for their time expended in testifying for respondent. These fees were in addition to and much in excess of amounts payable to witnesses under the law as "witness fees," strictly so-called, and for mileage. Respondent contends that the charges of the experts for testifying are collectible as "costs," for the reason that to deny to him a recovery of them would be to lessen the amount awarded to him for his lands by the condemnation decree. The result, so he says, will be a violation of the constitutional inhibition against the taking of private property for public use without just compensation. Appellant contends that the charges are not collectible as costs at all.
[1] We must say at the outset that we cannot agree with the contention of respondent in its fullness. It is the rule as to litigation other than that involving the exercise of the right of eminent domain that the right to recover costs is purely statutory (People v. Feraud,
It yet remains to decide whether, under the statutes of this state, respondent was entitled to judgment for the items of alleged costs which he claimed and which the trial court *740 allowed him; and in determining this question it is to be observed that there is no contention that the experts who testified for respondent were appointed by the court. They were apparently of respondent's own selection.
Section
It has been determined in Bathgate v. Irvine,
In considering the questions presented by this appeal we have examined San Diego Land T. Co. v. Neale,
Order reversed, with directions to the trial court to strike from the cost bill the following items: J.B. Vaille, $25; S.O. Walker, $34.25; R.H. Gast, $160; O.L. Sponsler, $150; W.J. Weir, $150; E.S. Butterworth, $100; W.G. Stewart, $100; G.G. Johnson, $125; Arthur R. Mass, $166.50; Thomson-Slavin Co., $9; Stagg Photo Co., $1.50; Langdon Photopress Co., $12.30.
Craig, J., and Thompson, J., concurred. *742