— I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Vallée in the opinion prepared by him for the District Court of Appeal, Phillips v. G. L. Truman Excavation Co., (Cal.App.) 9 Cal.Rptr. 25.
— I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Vallée in the opinion prepared by him for the District Court of Appeal, Phillips v. G. L. Truman Excavation Co., (Cal.App.) 9 Cal.Rptr. 25.