Legate v. Passmore

David Newbern, Judge.

This case presents the single issue whether a remark made by a judge who tries a case without a jury may be construed as his entire findings of fact and conclusions of law when neither party has asked him to set out separate findings and conclusions. We do not believe such a remark may be so construed, and we. affirm the trial court’s judgment.

A car driven by the appellant Aldona Legate collided with one driven by the appellee Clifton Passmore. Passmore was driving on U.S. Highway 65, and Mrs. Legate was attempting to drive onto and across the highway from a side road.…