New York Life Insurance Company, a Corporation v. Joyce A. Harrington , 299 F.2d 803 ( 1962 )

CHAMBERS, Circuit Judge

(concurring) .

On the record here, I am convinced the California appellate courts would sustain the decision of the trial court. Were I on the highest court of California, which I shall never be, I would not vote to sustain the finding of an “accident.” (I have no other trouble with the case.) Also, I am a little influenced by Williams v. Carolina Life Insurance Co., 348 U.S. 802, 75 S.Ct. 30, 99 L.Ed. 633, and by Johnson v. Union Pacific, 352 U.S. 957, 77 S.Ct. 359, 1 L.Ed.2d 316. Counsel for appellant, as I, can readily distinguish these two cases from the Harrington case. Nonetheless, they reveal an approach which I think might prevail on certiorari were we to reverse the district court here.

Reluctantly, I concur.