Sigurd City v. State

I dissent. I agree with the prevailing opinion that the findings of the trial court are sustained by the evidence and should be upheld. I also agree that the instructions given on the, measure of damages were correct, and that the motion to strike the cost bill was properly denied. But I dissent vehemently from that part of the opinion which places an interpretation on the findings of the trial court, which to me is contrary to the plain wording of five findings, two conclusions of law and two provisions of the judgment; and which reverses the trial court on an instruction relative to…