# Cole v. Rush

> California Supreme Court · October 28, 1955 · 45 Cal. 2d 345

URL: https://www.frixlaw.com/law-library/cases/9548239

## Case

- **Full name:** DOROTHEA COLE Et Al., Appellants, v. PAUL RUSH Et Al., Defendants; FRANK VAN STONE, Respondent
- **Court:** California Supreme Court
- **Decided:** October 28, 1955
- **Citations:** 45 Cal. 2d 345; 289 P.2d 450; 54 A.L.R. 2d 1137; 1955 Cal. LEXIS 325
- **Precedential status:** Published
- **Opinion:** Concurrence by Spence
- **Judges:** Schauer, Carter
- **Cited by:** 139 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Vesely v. Sager, 5 Cal. 3d 153 (1971).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9548239

## Opinion text

*357 SPENCE, J.
— I concur.
Further consideration of this case upon rehearing convinces me that the governing law, as heretofore enunciated by the courts of this state as well as by the courts of practically all other jurisdictions, precludes plaintiff’s recovery. I am further in agreement with the view expressed in the main opinion that the established rules should be followed until such time as these rules may be changed by legislative action. I therefore conclude that the trial court properly sustained the demurrer, and that the judgment should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548239. Public record. Not legal advice.