Gilmartin v. Stevens Investment Co.

(dissenting) — The real issue in this appeal is whether or not we are willing to abandon the long recognized practice of permitting a trial to proceed under rules which, throughout the years, have been recognized as being the best method of administering justice between individual litigants.

As I interpret the majority opinion, it says that the trial court is not obliged to accept the testimony of any witness— But— if we are not satisfied with his decision, we will require him to make an award of substantial damages or to give appellants an opportunity to submit additional proof as to damages.…