The following excerpt is from Nashville Interurban Ry. v. Barnum, 212 F. 634 (2nd Cir. 1914):
We are not only concluded by the findings of fact but are equally concluded by a refusal to find other facts. Stanley v. Supervisors of Albany, supra. A refusal to find other facts, if error at all, is an error committed in not giving sufficient weight to the evidence offered. And this court is as much concluded as respects the one kind of error as it is in respect to the other.
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