Larson v. Smitley

CONCURRING OPINION

Faulconer, J.

Although I .concur in the opinion of Cooper, J., I feel that a more detailed explanation of the proper method of attacking findings of fact in the motion for new trial as not sustained by sufficient evidence is in order. This is due to the evidently divergent statements set forth in Morsches-Nowels Lumber Co. v. Pence (1939), 106 Ind. App. 219, 18 N. E. 2d 958, and Nunemaker v. Glassburn (1965), 137 Ind. App. 655, 210 N. E. 2d 668, 6 Ind. Dec. 576, referred to in Judge Cooper’s opinion.

Generally, any error in the special findings of fact must be made a…