Burke
Burke v. Bloom
Opinion
Lead Opinion
Lillie, J.
Plaintiff sued Lee, Miller and defendants Bloom for personal injuries arising out of a rear-end collision. The trial court found Lee was negligent in the operation of a *158 1940 Studebaker and granted a default judgment for $16,827.20, found Miller to be the owner of the Studebaker and entered default judgment for $5,000, and after a full trial entered judgment against plaintiff and in favor of defendants Bloom upon a finding they were not negligent, from which judgment plaintiff appeals.
Appellant’s contentions that the lower court’s finding defendants Bloom “were not negligent in the maintenance and operation of the 1955 Pontiac automobile” is not supported by the evidence and is contrary to the law, and that the findings are unsupported by the evidence and the judgment is against the law, are predicated upon partisan evidence and a factual argument wherein he urges this court to reweigh the evidence and draw inferences contrary to those drawn by the trial judge. Neither contention is valid, either on the facts established by the evidence or under the well-defined rules on appeal — that the credibility of the witnesses, the weight to be accorded the evidence and the…