Tyre v. Aetna Life Insurance

SCHAUER, Dissenting.

In my view the opinion prepared for the District Court of Appeal by Justice Herndon and concurred in by Presiding Justice Fox and Justice Ashburn (reported in (Cal.App.) 1 Cal.Rptr. 563) adequately discusses and correctly resolves the questions presented on this appeal. Por the reasons therein stated I would affirm the judgment of the trial court.

McComb, J., concurred.

Respondent’s petition for a rehearing was denied July 27, 1960. Schauer, J., and McComb, J., were of the opinion that the petition should be granted.