Wall Ex Rel. Wall v. Timberlake

The trial in the District Court was without a jury. Judge. Moore heard the evidence,- found and recorded the pertinent facts upon the basis of which he answered issues in favor of the plaintiffs, fixed the amount of damages resulting from the defend-, ant’s negligence and entered judgment in- favor of the plaintiffs.'-The defendant appealed to the Superior Court, assigning as error: (1)-The finding of negligence on the part of the defendant, and (2) The failure to find the plaintiff, was contributorily negligent.

Judge Carr reviewed the record and properly determined the evidence before the…