What is the test for an appellate court to make determinations of factual issues contrary to the findings of a trier of fact?
California, United States of America
The following excerpt is from Harris v. Union Ice Products, 1 Cal.Rptr. 287, 176 Cal.App.2d 132 (Cal. App. 1959):
'When there is substantial evidence or any inference to be drawn from the evidence to support the findings of the trial court, an appellate court will not make determinations of factual issues contrary to those made by the trier of fact.' Smith v. Bull, 50 Cal.2d 294, 306 , 325 P.2d 463, 471.
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