Miller v. Woolsey

(dissenting) — I respectfully dissent.

I. The case is not review’able de novo but only to correct errors at law. The findings of fact have the effect of a jury verdict. Rule 334, Rules of Civil Procedure. Whether such findings accord with the weight of the evidence is not here subject to review. Davis, Admx. v. Knight, 239 Iowa 1338, 35 N. W. 2d 23, and citations. The evidence must be construed in the light most favorable to the trial court’s judgment. Ibid., and citations.

There should not be a reversal unless plaintiff ivas entitled to recover as a matter of law or, stated in another way, to…