Doran v. City & County of San Francisco

I dissent.

I cannot agree with the majority opinion for several reasons. The first of these reasons is that the facts have not been fairly stated. In determining the propriety of the order granting a new trial and of the refusal to give a requested jury instruction in these cases, the evidence is to be viewed in the light most favorable to plaintiffs. (Rodabaugh v. Tekus, 39 Cal.2d 290 [246 P.2d 663]; Daniels v. City & County of San Francisco, 40 Cal.2d 614 [255 P.2d 785].) The appeal in these cases is presented on settled statements of facts submitted by plaintiffs with amendments proposed by…