Story v. San Rafael Military Academy

This is another appeal in which appellant’s counsel has disregarded the long established and frequently stated rule that, when the evidence is conflicting the appellate court must uphold the findings of the trial court. Appellant’s counsel relies primarily upon appellant’s testimony, disregarding the facts that such testimony was directly contradicted by respondent’s witnesses, and that the court believed them, not appellant. There is therefore no merit in the appeal.

Appellant was employed as a teacher by the San Rafael Military Academy in August, 1957. He was told by the superintendent,…