Barbour v. Peck

This is an appeal from a judgment in a property damage action after a trial to the court. One assignment of error is raised without any attempt to comply with Rule 25.10, Supreme Court and Court of Appeals Rules of Appellate Procedure, and will not be considered. Further, we are asked to reverse a judgment because of insufficiency of the evidence, but plaintiffs failed to raise that matter at trial. Baldwin v. Miller, 44 Or App 371, 606 P2d 629 (1980); see also, Travelers Indemn. v. American Ins., 278 Or 193, 199, 563 P2d 684 (1977). Also, we are asked to pass on the credibility of witnesses,…