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Baker v. Fitzgerald

Supreme Court of Vermont
Apr 6, 1976
356 A.2d 220 (Vt. 1976)

Opinion

No. 171-75

Opinion Filed April 6, 1976

Appeal and Error — Findings — Supporting Evidence

Evidence on appeal the sole ground of which was a factual issue supported trial court's findings and conclusions.

Suit arising from automobile collision. Superior Court, Rutland County, Valente, J., presiding. Affirmed.

Thomas J. Pressly of the office of J. Fred Carbine, Jr., Rutland, for Plaintiff.

Eugene Rakow, Vermont Legal Aid, Inc., Rutland, for Defendant.

Present: Barney, C.J., Smith, Daley, Larrow and Billings, JJ.


This appeal arises out of an automobile collision between vehicles operated by one of the plaintiffs and the defendant. The trial court found in favor of the defendant and entered judgment accordingly. The sole ground of the plaintiff's appeal is a factual one. The trial court, as the judge of the credibility of witnesses, determined the issue presented and resolved the conflicting evidence against the plaintiffs. Wells v. Village of Orleans, Inc., 132 Vt. 216, 315 A.2d 463 (1974). The evidence in the transcript supports the court's findings and conclusions.

Judgment affirmed.


Summaries of

Baker v. Fitzgerald

Supreme Court of Vermont
Apr 6, 1976
356 A.2d 220 (Vt. 1976)
Case details for

Baker v. Fitzgerald

Case Details

Full title:Meda Baker, et al. v. Beatrice June FitzGerald

Court:Supreme Court of Vermont

Date published: Apr 6, 1976

Citations

356 A.2d 220 (Vt. 1976)
134 Vt. 259

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