Byrne v. Paulson

Two cases were consolidated by stipulation of counsel for trial purposes, the jury waived, and consolidated also for appeal purposes.

The trial judge, after hearing the testimony of five witnesses in behalf of appellants and one upon the principal question of negligence on behalf of respondent, found no negligence on behalf of respondent and entered judgment in his favor in both causes.

Conceding our rule to be that this court will not disturb the finding of the trial judge unless it clearly appears that the evidence preponderates against its findings (Miller v. Reeves, 101 Wash. 642, 172 Pac.…