Guinther v. Schucht

The sole issue presented on this appeal is whether the evidence sustains the trial court’s finding that Schucht was causally negligent in operating his truck with a defective hoist mechanism. It is axiomatic that the trial court’s findings will not be disturbed unless they are against the great weight and dear preponderance of the evidence. The evidence must be reviewed from the standpoint most favorable to respondent. In finding Schucht negligent, the trial judge admittedly relied heavily on the testimony of Downing and Ratz. Since their combined testimony is the only evidence introduced…