Can the Court of Appeal overturn a finding of negligence and contributory negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Buckley v. Chadwick, 274 P.2d 673 (Cal. App. 1954):
The appeal has been pursued on a settled statement, which indicates a conflict on the issue of negligence and contributory negligence and we are therefore, under well settled limitations upon the power of appellate courts, unable to resolve the factual differences contrary to the conclusions of the trial court. Dawson v. Williams, 127 Cal.App.2d ----, 273 P.2d 75. The evidence though conflicting was sufficient to justify the verdict.
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