Bayer v. Suttle

BROWN (H. C.), J.

I dissent.

The majority opinion follows the reasoning of Norman v. Murphy, 124 Cal.App.2d 95 [268 P.2d 178], in construing Code of Civil Procedure section ill so as to limit the cause of action in the wrongful death to a minor person who has survived birth. The court in Norman applied Civil Code sections 25 and 26 in determining who- the Legislature meant to be minor persons under the provisions of Code of Civil Procedure section ill, i.e., minority is to be calculated “from the first minute of the day on which persons are born to the same minute of the corresponding day…