# Smith v. Industrial Accident Commission

> California Supreme Court · April 22, 1955 · 44 Cal. 2d 364

URL: https://www.frixlaw.com/law-library/cases/9576244

## Case

- **Full name:** GEORGE SMITH, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** April 22, 1955
- **Citations:** 44 Cal. 2d 364; 282 P.2d 64; 1955 Cal. LEXIS 236
- **Precedential status:** Published
- **Opinion:** Concurrence by Carter
- **Judges:** Schauer, Carter
- **Cited by:** 36 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/9576244

## Opinion text

CARTER, J.
I concur in the conclusion reached by the majority, but in the interest of uniformity of decision I deem it advisable to call attention to the inconsistency in the reasoning upon which the majority opinion here is based and the reasoning of the majority in the cases of Bryant v. Industrial Acc. Com., 37 Cal.2d 215 [ 231 P.2d 32 ], Aetna Life Ins. Co. v. Industrial Acc. Com., 38 Cal.2d 599 [ 241 P.2d 530 ], and Garcia v. Industrial Acc. Com., 41 Cal.2d 689 [ 263 P.2d 8 ], in all of which last cited eases I dissented. In the last cited cases the mandate of liberal construction of the identical statutes here under consideration contained in Labor Code section 3202 was ignored by the majority. Had this mandate been followed the result in the last cited cases would have been favorable to the disabled employee as it is in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576244. Public record. Not legal advice.