Opinion

Brown v. Connolly

  • 62 Cal. 2d 391
  • 42 Cal. Rptr. 324
  • 398 P.2d 596
  • 11 A.L.R. 3d 1348
  • 1965 Cal. LEXIS 256
Court
California Supreme Court
Filed
Feb 8, 1965
Status
Published
Author
Traynor
On the bench
McComb, Mosk, Traynor
Cited by
14 cases
Authority
More cited than 26.2%

The opinion

TRAYNOR, C. J., Concurring.

I adhere to the views set forth in my dissenting opinions in Speck v. Sarver, 20 Cal.2d *399 585, 590 [ 128 P.2d 16 ], and Scott v. Burke, 39 Cal.2d 388, 402 [ 247 P.2d 313 ], that presumptions are not evidence and that a presumption should not be invoked against the party who already has the burden of proving that the presumed fact does not exist. I concur in the judgment under the compulsion of those cases, however, for they are the law of this state until they are overruled or changed by statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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