California, United States of America
The following excerpt is from Schmidt's Estate, In re, 261 Cal.App.2d 262, 67 Cal.Rptr. 847 (Cal. App. 1968):
In Sauers v. Stolz, supra, two laymen examined the unconscious bodies of the victims shortly after the accident. The husband had a slight heartbeat and was spurting blood from his head; the wife had neither of these symptoms. The uncontroverted expert testimony indicated that the spurting of blood from the husband's head in the manner described by the eyewitnesses indicated heartbeats. The trial court held that there being direct evidence of the husband's survival, there was no occasion for the statutory presumption of simultaneous death.
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