# Brown v. Connolly

> California Supreme Court · February 8, 1965 · 62 Cal. 2d 391

URL: https://www.frixlaw.com/law-library/cases/5451526

## Case

- **Full name:** WILLIAM A. BROWN, JR., and v. GREGORY PETER CONNOLLY, and
- **Court:** California Supreme Court
- **Decided:** February 8, 1965
- **Citations:** 62 Cal. 2d 391; 42 Cal. Rptr. 324; 398 P.2d 596; 11 A.L.R. 3d 1348; 1965 Cal. LEXIS 256
- **Precedential status:** Published
- **Opinion:** Concurrence by Traynor
- **Judges:** McComb, Mosk, Traynor
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5451526

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5451526. Public record. Not legal advice.