Finley v. City of Puyallup

This is an appeal from a judgment awarding damages for flooding of the plaintiffs’ basement by reason of the defendant’s neglect. The action was tried to the court, and no error has been assigned to any of the court’s findings.

Rule on Appeal 43, 34A Wn. (2d) 47, as amended, effective January 2, 1953, provides in part:

“In appeals from all actions at law or in equity tried to the court without a jury, the findings of fact made by the court will be accepted as the established facts in the case unless error is assigned thereto.”

This rule has been followed without exception. Richert v. Handly, 50…