Stewart

This is the second appeal in this action. Our decision of the first appeal will be found reported in 199 Cal. 318 [ 249 Pac. 197 ], where the facts of the case are fully stated, and for that reason it will not be necessary to repeat them here. At the first trial of this action judgment was rendered in favor of plaintiff, which judgment was reversed by this court. On the going down of the remittitur the case was again set for hearing. At this hearing no new evidence was introduced, but the case was submitted for decision upon the evidence adduced at the former or first hearing. Thereupon the court again rendered judgment for the plaintiff, from which the defendant has appealed, and the action is now before us on this appeal.

The respondent and the numerous amici curiae, who appear herein and who unite with respondent in asking for an affirmance of the judgment, rest their case apparently upon two grounds. First, That this court was in error in its former opinion in this matter wherein it reversed the judgment of the trial court rendered at the first hearing of this case. Second, That the present judgment of the trial court is in accordance with the views of this court as expressed…