Cahill v. Lyda

ON MOTION FOR REHEARING

In his article, Insufficient Evidence on Appeal, supra, Judge Garwood endeavored to supply the courts of appeal a practical method for applying, in concrete cases, the abstractions presented by an appellant’s contention that a trier-of-fact’s failure to find a fact is so against the great weight and preponderance of the evidence as to be manifestly unjust. Following his suggestion, we concluded that, although we would not have reached the same determination as that reached by the trier-of-fact, we could not impute to the trier-of-fact’s determination any “prejudice,…