184 P. 884 | Cal. Ct. App. | 1919
This is an appeal from an order of the superior court made after judgment in favor of the defendant Los Angeles Railway Corporation, the appellant here, which order granted the motion of plaintiff to tax costs and struck from the cost bill of said defendant an item of $8.50 for the taking and transcribing of the deposition of plaintiff, and an item of $17 for the taking and transcribing of the deposition *260
of F. C. Funk, one of the defendants. The motion to tax costs was made upon the grounds that the items were not taxable under the law and that the deposition of F. C. Funk was taken without the notice or knowledge of the plaintiff. Upon the hearing of the motion the parties stipulated as to all material facts, from which stipulation it appears that the deposition of plaintiff was taken by the defendant and appellant under and by virtue of the provisions of subdivision 1 of section
In addition to the stipulations regarding these facts, upon the hearing of said motion, the appellant filed an affidavit of its counsel to the effect that both depositions were necessary to the preparation and trial of its case. No evidence was offered by the plaintiff to contradict this affidavit, and the motion to tax costs was not made upon the ground that the depositions were not necessary.
[1] It is stated to be the rule that items for taking depositions are proper disbursements to put into a cost bill unless they are unnecessary or for some special reason should not be allowed. (Lindy v. McChesney,
[3] As to the expense of the deposition of the defendant Funk, we think the action of the trial court was proper. It is true that section
The order appealed from is modified by allowing the item of $8.50, the expense of taking the deposition of plaintiff, thus increasing the amount of costs allowed to appellant from $47.70 to $56.20. As modified, the order appealed from is affirmed, the appellant to pay its own costs.
Brittain, J., and Nourse, J., concurred.