Riley v. Dempsey (2005)

Citation: Riley v. Dempsey (2005)
Parent Document: Riley v. Dempsey (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-05
Original Source: https://www.courtlistener.com/opinion/4490187/riley-v-dempsey/ ↗

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        Upon examination of the above factors, it does not appear that Mr. Riley has
demonstrated any error, or that he has been prejudiced by unfair procedures. As explained
above, it was the task of the Small Claims Court to weigh the evidence and to determine whether
Mr. Riley had met his burden of proving his claim. Based on the evidence presented, the court’s
finding that Mr. Riley had not established damages beyond “normal wear and tear” is supported
by the facts introduced at trial. Where conflicting facts are presented, the court’s role is to
determine which ones are more credible. The fact that the judge found the Defendant’s evidence
more persuasive does not lead to a conclusion that the judge was biased against the Plaintiff.
When the court’s findings are supported by the evidence, and its conclusions are supported by
the record, there is no ground for reversal on appeal.

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