Caminetti v. Edward Brown & Sons

I dissent.

The question, as the majority opinion states, is whether the trial court abused its discretion in refusing to grant appel*518lant a new trial under section 953e of the Code of Civil Procedure upon the ground that the death of the reporter made it impossible to secure a reporter’s transcript. In concluding that the record fails to show an abuse of discretion, the majority have, in my opinion, countenanced a procedure and application of the statute which render it meaningless and ineffective.

In January, 1936, in the course of liquidation of Union Indemnity Company, an insolvent Louisiana…