Dougherty v. City of Sioux

(dissenting) — I am unable to agree with the conclusions reached in the majority opinion and respectfully dissent.

Despite the extensive review of the evidence in that opinion there are some facts therein referred to that justify further comment .and, in my opinion, merit an entirely different conclusion than the one reached by the trial court and the majority. These facts, and the absence of other evidence, necessitate, in my opinion, a ruling by this court that there is no basis for the trial court’s findings of fact as a matter of law.

It should be kept in mind that it was pleaded by the…