Timmins v. Russomano

Taft, C. J.,

dissenting. I dissent for the reasons stated in the conclusions of law of the trial court. In my opinion, the facts as found by the trier of the facts were sufficient to support a reasonable inference of plaintiff’s negligence. In effect, the judgment of this court substitutes its conclusions on factual issues for those of the trier of the facts.

Herbert, J., concurs in the foregoing dissenting opinion.