Stewart v. Silva

LENNON, J., Concurring.

I concur in the conclusion of Mr. Justice Wilbur, which results in a reversal of the judgment in this case, primarily for the reason that it is the general rule that the uncontradicted and unimpeached testimony of a witness tending to establish, an issuable fact in the ease may not be arbitrarily disregarded by the trial court. (Hayward v. Rogers, 62 Cal. 348, 372; Gage v. Billing, 12 Cal. App. 688 [108 Pac. 664], 10 Cal. Jur., p. 1143.) To the contrary, such testimony must be accepted as proof of the fact which it is offered to establish unless it can be said that such…