Lewitt v. Park Ecclesiastical Society

The motion to correct the finding was properly denied by the trial judge for the reason given by him. Quite likely the first part of the paragraph quoted in the statement might have been found had it been asked for without the last five words. The trial judge had a right to treat the requested paragraph as a whole. The judge was asked to find as a fact that plaintiffs had observed the gangway, not that they had opportunities of observation. The court has found that the gangway was a well cindered driveway, and the evidence of Fisher showed that George LeWitt had been on the driveway. That he…