I dissent. I would affirm the judgment for the reasons expressed by Mr. Presiding Justice Shinn in the opinion prepared by him for the District Court of Appeal in Casey v. Proctor (Cal.App.) 22 Cal.Rptr. 531.
Schauer, J., concurred.
Respondent’s petition for a rehearing was denied March 13, 1963. Schauer, J., and McComb, J., were of the opinion that the petition should be granted.