# County of San Diego v. McClurken

> California Supreme Court · August 24, 1951 · 37 Cal. 2d 683

URL: https://www.frixlaw.com/law-library/cases/9600871

## Case

- **Full name:** COUNTY OF SAN DIEGO, Appellant, v. J. A. McCLURKEN Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** August 24, 1951
- **Citations:** 37 Cal. 2d 683; 234 P.2d 972; 1951 Cal. LEXIS 322
- **Precedential status:** Published
- **Opinion:** Dissent by Schauer
- **Judges:** Traynor, Schauer, Carter
- **Cited by:** 74 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/9600871

## Opinion text

SCHAUER, J.
I dissent. The factual issues in this case, upon substantially conflicting evidence, were resolved adversely to the plaintiff by the trial court. Instead of viewing the case favorably to sustaining the judgment on contested issues of fact, the majority apply a directly contrary view. It is further my view that the opinion of the District Court of Appeal, Fourth Appellate District, prepared by Presiding Justice Barnard, with Justice Griffin concurring (reported in 99 A.C.A. 957 [ 222 P.2d 688 ]), correctly and soundly disposes of the issues presented.
For the reasons stated I would affirm the judgment of the trial court.
Shenk, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9600871. Public record. Not legal advice.