CAPITAL BRIDGE COMPANY v. County of Saunders

I dissent.

Because the trial court in its findings of fact and judgment used the one word “plaintiff” instead of “defendant” the court holds that it is powerless to determine the facts, presented by this record, contrary to the determination of the trial court.

By a general finding for the plaintiff the trial court precluded this court from reviewing the facts, save to determine if evidence is sufficient to sustain the finding. Had the trial court found for the defendant, then the plaintiff would have been denied a review of the facts here, save to determine if the evidence is sufficient to…