McAuliffe
McAuliffe v. Foglesong
Opinion
Lead Opinion
Bishop, J.
It is so futile for an appellant to argue, as the defendant does, that the judgment against her is wrong because it is contrary to the testimony that she gave, entirely overlooking the abundant, positive, contrary evidence of the plaintiff. It has been so often said, as we find in McKinley v. Buchanan, 176 Cal.App.2d 608, 611 [ 1 Cal.Rptr. 573, 575 ] : “ ‘ “The appellate courts are required to reiterate from day to day, and with unremitting monotony . . . that the appellate court cannot weigh the evidence to determine where the preponderance lies; that its duty begins and ends with a determination of whether there is any substantial evidence, contradicted or uncontradicted, which supports the findings of fact; and that when two or more inferences reasonably can be deduced from the evidence the reviewing court cannot substitute its own inferences for those of the trial court.” In the present case, therefore, it is not proper to attempt a retrial or revaluation of the evidence. The record discloses abundant conflict, but it also reveals substantial evidence in support of the verdict. ’
“ The test is not whether there is a substantial conflict in evidence but whether there is…