Oliver v. Boxley

Defendant and cross-complainant appeals from a judgment against him in a personal injury action, following a trial by the court sitting without a jury. He contends that respondent was contributorily negligent as a matter of law, that the court erred in that, on his motion for new trial, it vacated and set aside the findings and made amended findings without setting aside the judgment and entering a new judgment, and in that the court failed to make findings on the cross-complaint. We conclude that the evidence supports the finding that respondent was free of contributory negligence, and that…