Rasmussen v. Fresno Traction Co.

I dissent.

While I believe that the able and logical opinion written by Mr. Presiding Justice Barnard and concurred in by Mr. Justice Jennings correctly states the law applicable to the facts of the instant case as that law was announced a number of years ago and as I still believe it should exist, I cannot agree with my associates that the opinion is in accord with the present conception of the law of negligence, contributory negligence and the doctrine of the last clear chance as applied by the courts in the more recent cases. I agree with my associates that our prior decision (138 Cal.App.…