trial court enjoys a wide discretion in reopening a case for the reception of additional evidence
How later courts described this case
- trial court enjoys a wide discretion in reopening a case for the reception of additional evidence
Written by the judges who cited it.
The opinion
UHLENHOPP, Justice
(specially concurring) .
One case relied on is Sheldon v. City of Burlingame, 146 Cal.App.2d 30 , 303 P.2d 344 . In that case the police officer was not simply using a patrol car as a taxi. The Rules and Regulations of the City of Bur-lingame permitted an officer to transport someone when circumstances indicated that such course was proper courtesy and proper police procedure. Under the circumstances shown, the court held a fact question was presented as to whether proper courtesy and police procedure authorized the officer to transport the individual.
The Sheldon case is not authority for a general proposition that a police officer may lawfully transport people, and they are not “guests,” under any and all circumstances.
RAWLINGS, J., joins in this special concurrence.