Baldwin v. Santa Rosa Island Co.

I dissent upon the grounds stated in my opinion in Bell v.Staacke, 137 Cal. 307. We have here another striking illustration of the injustice resulting from the enforcement of a rule which derives no support from the principle of stare decisis and seems to have nothing to recommend it aside from the fact that it has been made the instrument of similar injustice in many previous instances.

Shaw, J., concurred. *Page 501