Beagley v. United States Gypsum Co.

I must dissent from that portion of the prevailing opinion which sustains the trial court’s determination of the damages suffered by the plaintiff.

The rule that in a law case the appellate court will not disturb a trial court’s judgment unless the latter has mani*502festly disregarded determinative evidence, or that its conclusion in respect to such evidence is clearly against law» is unquestionably sound. But I think that the converse of the rule is equally sound, viz., that when the trial court’s judgment does disregard determinative evidence, or when its conclusions in respect to the evidence…