Cranke v. Trinity Gravel Co.

Unable to concur in the disposition of this case by the majority of the court, it has become necessary to file this dissenting opinion. The case was tried below before the court without the intervention of a jury, and the appeal comes to this court on the statement of facts without any specific findings of fact by the trial court.

The grounds for this dissent are (1) that, under the settled rule of law governing this court, it is without power to enter judgment rendering this case in favor of appellant; (2) as there is evidence to sustain the judgment of the trial court, this case should be…