28 A. 1027 | R.I. | 1894
This is a petition for a new trial on the grounds that the judgment of the court below is against the evidence and the weight thereof, and that the amount of said judgment is excessive. The action was assumpsit and was brought to recover damages sustained by the plaintiff who was a tenant of the defendants, by reason of the making of alterations and repairs to the building occupied by the plaintiff, whereby his business was interrupted and injured, the declaration alleging that the defendants in consideration that the plaintiff would permit them to enter upon the premises and make said alterations and repairs, promised to pay him any and all damage or loss which he might sustain by reason of the making thereof. Jury trial having been waived,1 the case was heard and tried in the Court of Common Pleas, at the June Term thereof, 1892, before Mr. Justice Rogers, who rendered the following decision, viz.: "There is a great conflict of testimony in this case, and I am not satisfied that the plaintiff by a preponderance of proof is entitled to recover on account of the elevator for alteration. In regard to the damage caused by the removal of the roof and the erection of additional stories, however, I am satisfied from a preponderance of evidence, both that the defendants promised, and that the plaintiff sustained damage from injury to stock by water, from consumption *552 of extra gas, and from stoppage of and injury to machinery. Judgment for plaintiff for $996.12 and costs."
In this state of the case plaintiff's counsel takes the point that this court will not review the findings of the court below, and no question of law being involved, that the petition for a new trial should be dismissed. We think the point is well taken. The practice of this court has uniformly been to refuse to disturb the judgment of the Court of Common Pleas in cases of jury trial waived where there is any evidence to support the finding. By submitting their case to the court in this way, the parties voluntarily select their tribunal, a tribunal which by reason of its training, skill and experience, is especially fitted carefully to weigh and consider all the evidence offered, and having so selected it we see no reason why they should not be bound by its decisions as to questions of fact. Such submission practically amounts to a reference, so far as the finding of facts is concerned, and it is well settled that the findings of a referee as to all matters submitted to him, without reservation, are binding and conclusive upon the parties. Cutler v. Wall,
There are cases which hold that the decision of a judge upon questions of fact in cases where jury trial is waived, should have the same weight in the appellate court as the verdict of a jury, and no more. Pearson v. Minturn, 18 Iowa, 36; Handlan
v. McManus, 100 Mo. 124; Robertson v. Cloud,
But whatever the law may be elsewhere, we see no reason for departing from the well established practice in our own State, which is to regard the findings of fact of any member of this court, when sitting as the Court of Common Pleas, as binding and conclusive upon this court if there is any evidence to support such finding. See White v. White, ante, p. 202, also the unreported case of Peck v. Goff, decided at the April Term, 1893.1 If either party desires a trial by jury he may have it by simply asking therefor, and if dissatisfied with the verdict he may have the evidence reviewed by this *555 court. But if he waives his right to such trial he also waives the right to have the findings of fact reviewed. In the case at bar the evidence, which is quite voluminous, is conflicting, the plaintiff and some of his witnesses testifying to facts which fully support the declaration, while the defendant and his witnesses testify to facts which are inconsistent with the plaintiff's claim. The case was evidently tried and considered with much care, and the court having found upon competent evidence that the plaintiff was entitled to recover, we have no right to disturb the judgment.
Petition for new trial denied and dismissed.
SEC. 9. In all actions or suits which shall be pending before any court, the parties therein may waive the right of trial by jury, and in such case the court shall hear, try and determine the said case, both as to the law and as to the facts, and render judgment therein.
PROVIDENCE SC. SUPREME COURT, APRIL TERM, 1893. CYRIL C. PECK | vs. Exceptions, c., No. 1837. EPHRAIM GOFF. |
RESCRIPT.
Filed July 15, 1893.
This petition is based upon the grounds that the finding of facts by the court below was against the evidence and that the damages are excessive. Both these grounds depend upon one question of fact. In the opinion in this case, ante, p. 94, the agreement upon which the action is based was construed to be a contract by which Goff bound himself to pay the surplus income of the fund to Peck until Peck's claim upon Vaughan should be satisfied. Vaughan was indebted to Peck on promissory notes and on a balance of book account. The defendant now claims that as he had no knowledge of any indebtedness except the balance of book account, the measure of his liability was limited by the amount of such balance. The record shows testimony from which the court below might have found that the defendant had knowledge both of the notes and the book account at the time of the agreement, and a supplementary statement of the judge who heard the case states that he did so find upon the question of fact. We cannot therefore disturb this finding, nor the amount of damages awarded, which was in accordance therewith.