Opinion

Fabling v. Jones

  • 108 Colo. 144
  • 114 P.2d 1100
  • 1941 Colo. LEXIS 180
Court
Supreme Court of Colorado
Filed
May 26, 1941
Status
Published
Author
Otto Bock
On the bench
Knous, Bock
Cited by
37 cases

The opinion

Mr. Justice Otto Bock

dissenting.

I have some doubt with respect to the sufficiency of the evidence to support the family-car doctrine. Otherwise, I think the evidence upholds the findings of the trial court. True, plaintiff did not make a strong case, but when we reflect that it was solely within the province of the trial court to decide upon the credibility of witnesses and the weight to be given to their testimony, and that under the circumstances every fact necessary to support the findings is presumed to have been found in favor of the prevailing party, it is my opinion, from a careful perusal of the record, that there was sufficient conflicting evidence to sustain the findings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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