Opinion
No. 13,092.
Filed July 19, 1928.
APPEAL — Sufficiency of Evidence — Rule Stated. — A judgment will not be reversed for insufficiency of the evidence to sustain the finding if there is any evidence that will sustain the decision.
From Blackford Circuit Court; Victor H. Simmons, Judge.
Action by Henry J. Cale against Frank E. Collins. From a judgment for plaintiff, the defendant appeals. Affirmed. By the court in banc.
George T. Whitaker, for appellant.
McClellan, Hensel Guthrie and L.B. Simmons, for appellee.
Appellee brought this action to recover for damages sustained by his automobile, which was in collision with appellant's automobile on a public highway.
There was a trial by the court, resulting in a judgment in appellee's favor for $700. A motion for a new trial was overruled and exception saved.
The error assigned is the overruling of the motion for a new trial, which presents the question of the sufficiency of the evidence to sustain the decision of the court.
There is evidence in the record to sustain the decision.
Judgment affirmed.