# Fabling v. Jones

> Supreme Court of Colorado · May 26, 1941 · 108 Colo. 144

URL: https://www.frixlaw.com/law-library/cases/9864865

## Case

- **Full name:** Fabling Et Al. v. Jones
- **Court:** Supreme Court of Colorado
- **Decided:** May 26, 1941
- **Citations:** 108 Colo. 144; 114 P.2d 1100; 1941 Colo. LEXIS 180
- **Precedential status:** Published
- **Opinion:** Dissent by Otto Bock
- **Judges:** Knous, Bock
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9864865

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9864865. Public record. Not legal advice.