McCollum v. D & M Lumber Co.

The defendants, D & M Lumber Company and Marvin Berg, appeal from a judgment in the sum of $5,440.09, together with costs and disbursements, entered by the District Court of the fourth judicial district without a jury, in favor of the plaintiff, Rodney McCollum. The appeal is taken after an order of the district court denied defendants’ motion to amend findings of fact and conclusions of law and motion for a new trial.

This action involves the alleged negligence of a driver of a logging truck. We are called upon to determine whether or not the trial court, as the trier of the facts, in the…