Opinion
Docket No. 16.
April 30, 1954.
APPEAL from a judgment of the Municipal Court for the San Bernardino Judicial District. C.O. Thompson, Judge. Affirmed.
Roland Maxwell and Paul H. Marston for Appellant.
Taylor F. Peterson for Respondent.
[1] The sole question involved here is this:
"Was there any evidence which supports the conclusion of the trial court that plaintiff's injury caused the malignancy which thereafter appeared?
The transcript discloses that:
Dr. Hull testified as follows:
"Q. . . . have you ever had any experience with a breast cancer that was developed from a single blow or trauma? A. Yes sir."
Dr. Owen testified as follows:
"Q. Would you say that the history which I have given you was consistent with the development of the tumor following the blow? A. I would think so."
Dr. McDonald testified as follows:
". . . it would be an utter impossibility for the described injury to have had any possible relationship to the breast cancer" and
". . . the statistic is that something over forty per cent of all women seen with proven cancer of the breast relate a history of injury in the immediate past."
Considering the testimony, as we must, in a light most favorable to respondent we may not say that the opinion of the trial court finds no support in the evidence.
Judgment affirmed.
Coughlin, P.J., and Hilliard, J., concurred.