Sparks v. Bemis Brothers Bag Co.

Citations

• 62 Wash. 625
• 114 P. 442
• 1911 Wash. LEXIS 757

Syllabus

<p>Appeal and Error — Review—Findings—Preponderance op Evidence. In an action for personal injuries tried to the court, in which there were but two witnesses to the accident, apparently of equal credit, who testified to entirely different facts, and the record on appeal fails to show that plaintiff has sustained his case by a preponderance of the evidence, a judgment for the plaintiff based upon the trial judge’s rule “to resolve doubts in favor of the weak and lowly and against the strong and powerful,” is not conclusive on appeal, but will be reversed and the action dismissed, notwithstanding plaintiff produced sufficient evidence to sustain the judgment.</p>