Adams

Adams v. Southern Pacific Co.

Good Law
1935 Cal. LEXIS 609·4 Cal. 2d 731·53 P.2d 121
Supreme Court of CaliforniaDecember 23, 1935L. A. No. 15398California493 words

Opinion

Lead Opinion

After examination of the entire record in this matter, we hereby adopt as and for the decision of this court, with such additional discussion as will hereinafter appear, the following portions of the opinion prepared by Mr. Justice Jennings when the cause was pending before the District Court of Appeal, in and for the Fourth Appellate District:

We cannot accept the remaining portions of the District Court of Appeal opinion dealing with the plaintiff’s appeal from the judgment in so far as it fails to allow recovery for burial expenses aggregating $1164.02. The trial court found that the burial expenses were paid by the Wisconsin administrator “for and in behalf of the estate of [decedent] and in behalf of said Barney Sehwanekamp, sole heir of said decedent and sole distributee of said estate”. This finding is supported by evidence, introduced bj^ way of deposition, to the effect that the Wisconsin administrator had paid the same because the father and sole heir of decedent was practically destitute and unable to personally discharge the same and had requested the administrator to care for the matter for him. The trial court further found that the several items included in the…

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