Mad River Co. v. Pracney

Counsel who argued the case in this court for the appellant did not participate in the trial of the cause in the court below. In making up the appeal record he stated that certain claims of law bearing upon the plaintiff’s contention were made at the trial. That they were not so made is established by the part of the court’s statement last above quoted in the finding of facts. Disregarding these claims and the reasons of appeal founded thereon, we find that the grounds of appeal are reduced in effect to one, that is, whether the facts found by the court as matter of law are ample to sustain…