Lund v. Atchison, Topeka Etc. Ry. Co.

California Court of Appeal Sep 2, 1915 No. Civ. No. 1565.Published

Before: THE COURT. —

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Holding. The appellate court affirmed the trial court's judgment because the record contained substantial conflict in the evidence regarding the challenged findings.

Issues

Whether the evidence was sufficient to sustain the findings and judgment of the trial court.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“there is a substantial conflict in the evidence in respect to those findings of which the appellant complains; and this being so, the findings of the trial court, and the judgment founded thereon, will not be disturbed upon appeal.”

“The judgment and order denying defendant's motion for a new trial are affirmed.”

The only point presented upon this appeal is as to the sufficiency of the evidence to sustain the findings and judgment of the court. Upon a careful examination of the record we find that there is a substantial conflict in the evidence in respect to those findings of which the appellant complains; and this being so, the findings of the trial court, and the judgment founded thereon, will not be disturbed upon appeal.

The judgment and order denying defendant's motion for a new trial are affirmed.

Lund v. Atchison, Topeka Etc. Ry. Co.

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