Elves v. King County , 49 Wash. 2d 201 ( 1956 )

Hill, J.

(dissenting) — I dissent, because I am convinced that there is no evidence to support the finding of the trial court on which the per curiam opinion is based, i.e., “That human and animal excreta were, found present in the waters collected and diverted on to Plaintiffs’ property . . . .” Respondents seek to uphold that finding on the basis that the trial judge must have seen the human and animal excreta when he inspected the premises. It is my view that there must be evidence in the record to support such a finding. See annotation, “Right of trial judge trying case without jury to base findings on result of personal observations,” 97 A. L. R. 335, and cases cited therein.

October 10, 1956. Petition for rehearing denied.