Muskopf v. Corning Hospital District

SCHATTER, J.,

Dissenting. — As recently as 1958 this court, in Vater v. County of Glenn, 49 Cal.2d 815, 820 [4] [323 P.2d 85] (per Chief Justice Gibson, with only Justice Carter dissenting), although it expressly recognized that there has been much learned criticism of the principle of governmental immunity, held that “ abrogation or restriction of this doctrine is primarily a legislative matter.” And Talley v. Northern San Diego County Hospital Dist. (1953), 41 Cal.2d 33, 41 [15] [257 P.2d 22] (per Justice Shenk, with only Justice *222Carter dissenting), upon facts materially identical with those…