C. J. Goodell
Encyclopedia
Council Julian Goodell also called Julian Goodell, was an American
attorney
and jurist
who served as an Associate Justice of the District Court of Appeal of California from 1945 to 1953.
the youngest of five children of Council Goodell, a boarding house
keeper and his wife Catherine (nee McNeeve.) Goodell, the grandson of Irish
immigrants on his mother's side, was raised a Roman Catholic in the working class
area located South of Market
. Goodell's father died when he was six, and he worked as a clerk
to help support the family. He was educated at Sacred Heart College (now Sacred Heart Cathedral Preparatory
) and the California Institute of Mechanical Arts (now Lick-Wilmerding High School
).
While working as a clerk
at a lumber yard
, and later as a stenographer he attended the YMCA
Law College (now Golden Gate University School of Law
.)
After passing the (then completely oral) bar examination
he was admitted to the practice of law on November 18, 1908 (although Goodell would not formally receive his law degree until September 1909).
before in 1911 being appointed Town Attorney
for Suisun City, California
representing the town before the courts and the Railroad Commission of California (now the California Public Utilities Commission
.) He returned to live in San Francisco in 1913.
, was in May 1928 appointed to the San Francisco Superior Court
bench by Governor C. C. Young
; he was elected in his own right in 1930 and was re-elected in 1936 and 1942 His tenure on the court included several terms as a pro tem Justice on the District Court of Appeal as well as service as presiding judge of the Superior Court bench.
appointed Goodell an Associate Justice of the District Court of Appeal, First Appellate District, Division Two in place of Homer R. Spence
who was elevated to the California Supreme Court on the same day. The First District then heard appeals from the trial courts of Alameda
, Contra Costa
, Marin
, Monterey
, San Benito
, San Francisco
, San Mateo
, Santa Clara
and Santa Cruz
counties. Goodell was retained
by the voters in 1946 for the balance of a 12-year term expiring in January
1957. He would hold office until December 31, 1953, when he retired.
Laurel Hill Cemetery Association v. City & County of San Francisco, the court held that the area now comprising the Laurel Heights
neighborhood of San Francisco a neighborhood which had been used for nearly a century as a cemetery had lost its property tax
exemption following the removal of the site's dedication
for cemetery purposes and the removal of all burials despite the fact that the land had not yet been sold.
Baskin v. Industrial Accident Commission, in which the court was called on to determine the availability of the state workers compensation to a longshoreman injured while on a brief on-ship assignment. At the time, shipboard injuries were covered by the federal Longshore and Harbor Workers Compensation Act and the plaintiff sought to avoid its application. Originally holding that plaintiff's sole remedy was federal law, after a Grant Vacate and Remand
order by the US Supreme Court the court then held that the plaintiff's activities were land-based and thus the workers compensation scheme was available to him.
Hagy v. Allied Chemical & Dye Corporation, where the court held that sufficient evidence had been presented to show a causal
connection between the aggravation of a pre-existing cancer
and smog
caused by release of industrial fumes. The court also held that the corporation's failure to present evidence negativing such a connection warranted an inference that such a connection existed.
Morello v. Growers Grape Products Association, where the court held that lost profits from collateral transactions could be recovered as general damages in a contract involving the purchase of brandy
and its bottling and resale.
He was a member of the American Bar Association
, the Bohemian Club
and the Commonwealth Club
. At San Andreas, California
on July 24, 1912, he married Ethel Segale, they had one son; she died in 1958. After her death, Goodell married Lucie Reincke in Los Angeles
on December 29, 1960, she died in January 1967. A resident of San Francisco's Sunset District during his years on the bench, Goodell moved to Pacific Heights after the death of his first wife. Justice Goodell died in San Rafael, California
on June 17, 1967 and was survived by his son, Julian. Goodell is buried in Holy Cross Cemetery
in Colma, California
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who served as an Associate Justice of the District Court of Appeal of California from 1945 to 1953.
Early life and education
Born in San Francisco, CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
the youngest of five children of Council Goodell, a boarding house
Boarding house
A boarding house, is a house in which lodgers rent one or more rooms for one or more nights, and sometimes for extended periods of weeks, months and years. The common parts of the house are maintained, and some services, such as laundry and cleaning, may be supplied. They normally provide "bed...
keeper and his wife Catherine (nee McNeeve.) Goodell, the grandson of Irish
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...
immigrants on his mother's side, was raised a Roman Catholic in the working class
Working class
Working class is a term used in the social sciences and in ordinary conversation to describe those employed in lower tier jobs , often extending to those in unemployment or otherwise possessing below-average incomes...
area located South of Market
South of Market, San Francisco, California
South of Market is a neighborhood in San Francisco, California, United States.-Name and location:Its boundaries are Market Street to the northwest, San Francisco Bay to the northeast, Mission Creek to the southeast, and Division Street, 13th Street and U.S. Route 101 to the southwest...
. Goodell's father died when he was six, and he worked as a clerk
Clerk
Clerk, the vocational title, commonly refers to a white-collar worker who conducts general office or, in some instances, sales tasks. It is also occasionally used to refer to third-year medical students completing a medical clerkship. The responsibilities of clerical workers commonly include record...
to help support the family. He was educated at Sacred Heart College (now Sacred Heart Cathedral Preparatory
Sacred Heart Cathedral Preparatory
Sacred Heart Cathedral Preparatory, commonly known as SH, SHC, or SHCP is a Catholic school located in the Cathedral Hill neighborhood of San Francisco, California. Founded in 1852, Sacred Heart Cathedral Preparatory is the oldest Catholic secondary school in San Francisco...
) and the California Institute of Mechanical Arts (now Lick-Wilmerding High School
Lick-Wilmerding High School
Lick-Wilmerding High School is a college-preparatory high school located in San Francisco, California, United States.-History:Lick-Wilmerding was founded on September 21, 1874 as the California School of Mechanical Arts by a trust by James Lick. George Merrill was hired to manage the school as the...
).
While working as a clerk
Clerk
Clerk, the vocational title, commonly refers to a white-collar worker who conducts general office or, in some instances, sales tasks. It is also occasionally used to refer to third-year medical students completing a medical clerkship. The responsibilities of clerical workers commonly include record...
at a lumber yard
Lumber yard
A lumber yard is a retail location for lumber and wood related products used in construction and/or home improvement projects. Lumber yards can also provide services such as the use of a planer and other large machines....
, and later as a stenographer he attended the YMCA
YMCA
The Young Men's Christian Association is a worldwide organization of more than 45 million members from 125 national federations affiliated through the World Alliance of YMCAs...
Law College (now Golden Gate University School of Law
Golden Gate University School of Law
Golden Gate University School of Law is one of the professional graduate schools of Golden Gate University. Located in downtown San Francisco, California, GGU is a California non-profit corporation and is fully accredited by the American Bar Association...
.)
After passing the (then completely oral) bar examination
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
he was admitted to the practice of law on November 18, 1908 (although Goodell would not formally receive his law degree until September 1909).
Legal career
After graduation, Goodell lived for a time in Coronado, CaliforniaCoronado, California
Coronado, also known as Coronado Island, is an affluent resort city located in San Diego County, California, 5.2 miles from downtown San Diego. Its population was 24,697 at the 2010 census, up from 24,100 at the 2000 census. U.S. News and World Report lists Coronado as one of the most expensive...
before in 1911 being appointed Town Attorney
City attorney
A city attorney can be an elected or appointed position in city and municipal government in the United States. The city attorney is the attorney representing the city or municipality....
for Suisun City, California
Suisun City, California
Suisun City is a city in Solano County, California, United States. The population was 28,111 at the 2010 census. The city takes its name from the adjacent Suisun Bay, which in turn is named for the Suisunes, a Native American tribe of the area.-Geography:...
representing the town before the courts and the Railroad Commission of California (now the California Public Utilities Commission
California Public Utilities Commission
The California Public Utilities Commission is a regulatory agency which regulates privately owned public utilities in the state of California, including electric power, telecommunications, natural gas and water companies...
.) He returned to live in San Francisco in 1913.
Superior Court
Following a career in private practice, Goodell, a RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, was in May 1928 appointed to the San Francisco Superior Court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
bench by Governor C. C. Young
C. C. Young
Clement Calhoun Young was an American teacher and politician who was affiliated with the original Progressive Party and later the Republican Party. He was elected to five consecutive terms in the California State Assembly, serving from 1909 to 1919, then as the 28th lieutenant governor of...
; he was elected in his own right in 1930 and was re-elected in 1936 and 1942 His tenure on the court included several terms as a pro tem Justice on the District Court of Appeal as well as service as presiding judge of the Superior Court bench.
District Court of Appeal
On January 2, 1945, Governor Earl WarrenEarl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
appointed Goodell an Associate Justice of the District Court of Appeal, First Appellate District, Division Two in place of Homer R. Spence
Homer R. Spence
Homer Robert Spence was an Associate Justice of the California Supreme Court and a Justice of the District Court of Appeal, First District ....
who was elevated to the California Supreme Court on the same day. The First District then heard appeals from the trial courts of Alameda
Alameda County, California
Alameda County is a county in the U.S. state of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2010 census it had a population of 1,510,271, making it the 7th most populous county in the state...
, Contra Costa
Contra Costa County, California
Contra Costa County is a primarily suburban county in the San Francisco Bay Area of the U.S. state of California. As of the 2010 census, it had a population of 1,049,025...
, Marin
Marin County, California
Marin County is a county located in the North San Francisco Bay Area of the U.S. state of California, across the Golden Gate Bridge from San Francisco. As of 2010, the population was 252,409. The county seat is San Rafael and the largest employer is the county government. Marin County is well...
, Monterey
Monterey, California
The City of Monterey in Monterey County is located on Monterey Bay along the Pacific coast in Central California. Monterey lies at an elevation of 26 feet above sea level. As of the 2010 census, the city population was 27,810. Monterey is of historical importance because it was the capital of...
, San Benito
San Benito County, California
San Benito County is a county located in the Coast Range Mountains of the U.S. state of California, south of San Jose. As of 2010 the population was 55,269. The county seat is Hollister, which includes nearly two-thirds of the county's population. El Camino Real passes through the county and...
, San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
, San Mateo
San Mateo County, California
San Mateo County is a county located in the San Francisco Bay Area of the U.S. state of California. It covers most of the San Francisco Peninsula just south of San Francisco, and north of Santa Clara County. San Francisco International Airport is located at the northern end of the county, and...
, Santa Clara
Santa Clara County, California
Santa Clara County is a county located at the southern end of the San Francisco Bay Area in the U.S. state of California. As of 2010 it had a population of 1,781,642. The county seat is San Jose. The highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley...
and Santa Cruz
Santa Cruz County, California
Santa Cruz County is a county located on the Pacific coast of the U.S. state of California, on the California Central Coast. The county forms the northern coast of the Monterey Bay. . As of the 2010 U.S. Census, its population was 262,382. The county seat is Santa Cruz...
counties. Goodell was retained
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
by the voters in 1946 for the balance of a 12-year term expiring in January
January
January is the first month of the year in the Julian and Gregorian calendars and one of seven months with the length of 31 days. The first day of the month is known as New Year's Day...
1957. He would hold office until December 31, 1953, when he retired.
Opinions
While on the appellate bench, Justice Goodell authored more than 200 published opinions; some of those include:Laurel Hill Cemetery Association v. City & County of San Francisco, the court held that the area now comprising the Laurel Heights
Laurel Heights, San Francisco, California
Laurel Heights is a neighborhood to the south of the Presidio of San Francisco and east of the Richmond District. It is bordered by Geary Boulevard or the University of San Francisco campus to the south, Arguello Boulevard to the west, California Street to the north and Presidio Avenue to the east...
neighborhood of San Francisco a neighborhood which had been used for nearly a century as a cemetery had lost its property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
exemption following the removal of the site's dedication
Dedication
Dedication is the act of consecrating an altar, temple, church or other sacred building. It also refers to the inscription of books or other artifacts when these are specifically addressed or presented to a particular person. This practice, which once was used to gain the patronage and support of...
for cemetery purposes and the removal of all burials despite the fact that the land had not yet been sold.
Baskin v. Industrial Accident Commission, in which the court was called on to determine the availability of the state workers compensation to a longshoreman injured while on a brief on-ship assignment. At the time, shipboard injuries were covered by the federal Longshore and Harbor Workers Compensation Act and the plaintiff sought to avoid its application. Originally holding that plaintiff's sole remedy was federal law, after a Grant Vacate and Remand
GVR Order
The Supreme Court of the United States may issue GVR orders. It stands for grant, vacate, and remand. These orders are especially appropriate when there has been a change in the law subsequent to the lower court or agency's decision. GVR orders are designed to be efficient and thus are not full...
order by the US Supreme Court the court then held that the plaintiff's activities were land-based and thus the workers compensation scheme was available to him.
Hagy v. Allied Chemical & Dye Corporation, where the court held that sufficient evidence had been presented to show a causal
Proximate cause
In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. There are two types of causation in the law, cause-in-fact and proximate cause. Cause-in-fact is determined by the "but-for" test: but for the action, the result...
connection between the aggravation of a pre-existing cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
and smog
Smog
Smog is a type of air pollution; the word "smog" is a portmanteau of smoke and fog. Modern smog is a type of air pollution derived from vehicular emission from internal combustion engines and industrial fumes that react in the atmosphere with sunlight to form secondary pollutants that also combine...
caused by release of industrial fumes. The court also held that the corporation's failure to present evidence negativing such a connection warranted an inference that such a connection existed.
Morello v. Growers Grape Products Association, where the court held that lost profits from collateral transactions could be recovered as general damages in a contract involving the purchase of brandy
Brandy
Brandy is a spirit produced by distilling wine. Brandy generally contains 35%–60% alcohol by volume and is typically taken as an after-dinner drink...
and its bottling and resale.
Later years
Following his service on the court, Goodell returned to practice, taking a few cases to the California Courts of Appeal and one to the California Supreme Court. He was awarded an honorary Doctor of Laws by his legal alma mater in 1955. In August 1957, he was named the first Chairman of the San Francisco Commission on Equal Employment Opportunity.He was a member of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, the Bohemian Club
Bohemian Club
The Bohemian Club is a private men's club in San Francisco, California, United States.Its clubhouse is located at 624 Taylor Street in San Francisco...
and the Commonwealth Club
Commonwealth Club of California
The Commonwealth Club of California is a non-profit, non-partisan educational organization based in Northern California. Founded in 1903, it is the oldest and largest public affairs forum in the United States...
. At San Andreas, California
San Andreas, California
San Andreas is an unincorporated census-designated place and the county seat of Calaveras County, California. The population was 2,783 at the 2010 census, up from 2,615 at the 2000 census. Like most towns in the region, it was originally founded during the California Gold Rush...
on July 24, 1912, he married Ethel Segale, they had one son; she died in 1958. After her death, Goodell married Lucie Reincke in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
on December 29, 1960, she died in January 1967. A resident of San Francisco's Sunset District during his years on the bench, Goodell moved to Pacific Heights after the death of his first wife. Justice Goodell died in San Rafael, California
San Rafael, California
San Rafael is a city and the county seat of Marin County, California, United States. The city is located in the North Bay region of the San Francisco Bay Area...
on June 17, 1967 and was survived by his son, Julian. Goodell is buried in Holy Cross Cemetery
Holy Cross Cemetery, Colma
Holy Cross Catholic Cemetery in Colma, California is an American Roman Catholic cemetery operated by the Archdiocese of San Francisco. Established in 1887 on of a former potato farm, it is the oldest and largest cemetery established in Colma to serve the needs of San Francisco...
in Colma, California
Colma, California
Colma is a small incorporated town in San Mateo County, California, at the northern end of the San Francisco Peninsula in the San Francisco Bay Area. The population was 1,792 at the 2010 census. The town was founded as a necropolis in 1924....
.