A trial judge's failure to address unchallenged corroborative evidence and to consider the most probable scenarios consistent with all the evidence constitutes appellable error permitting the appellate court to set aside findings of fact. Where the trial judge has made no adverse credibility finding against corroborating witnesses, the appellate court may substitute its own findings rather than remit for retrial. In assessing contributory negligence, the plaintiff's carelessness must be a contributing cause of the accident, not merely carelessness in the abstract — going onto a building site in the dark is not contributory negligence where the hazard (unfixed floorboards) would have been unobservable even in good light.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.