VAN FLEET v. WEST AMERICAN INS CO (1935)

District Court of Appeal, Second District, Division 2, California.

VAN FLEET v. WEST AMERICAN INS. CO. et al.

Civ. 9337, 9338.

Decided: April 03, 1935

Rex Hardy, of Los Angeles (Vernon W. Hunt, of Los Angeles, of counsel), for appellants West American Ins. Co., O. D. Dameron, and I. W. Langeloh. Ray L. Chesebro, Frederick Von Schrader and D. M. Kitzmiller, all of Los Angeles, for appellant George E. Anderson. Sparling & Teel, of Los Angeles, for respondent.

We think respondent, in asking us to detail the testimony, is erroneously assuming that there is evidence in the case tending to establish the fact that appellant arrested respondent without believing or justifiably suspicioning that he was guilty. There certainly is nothing in the evidence as to physical facts that makes any part of it inherently improbable. The repetition of the evidence in detail could, therefore, avail respondent nothing. The physical facts are undisputed and, as a matter of law, they could reasonably have convinced the officer that the plaintiff had committed the crime. There is no substantial evidence upon which to base a conclusion that the officer did not in good faith entertain the belief that the plaintiff had committed the crime.

The rehearing is denied.

PER CURIAM.

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