What is the test for sustaining a judgment in a personal injury case?

California, United States of America


The following excerpt is from Hudson v. West, 283 P.2d 53 (Cal. App. 1955):

This argument is not worthy of prolonged discussion. It is incumbent upon an appellate court to give the findings of fact such a construction as will uphold rather than defeat the judgment, reading all findings together so as to resolve any ambiguities and inconsistencies therein in favor of sustaining the judgment. Woodbine v. Van Horn, 29 Cal.2d 95, 109, 173 P.2d 17; 24 Cal.Jur. pp. 1009-1011. And, a judgment may not be set aside unless the conflict is clear and the findings incapable of being harmoniously construed. 24 Cal.Jur. p. 967.

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