Remember that the defendant has not presented evidence because the trial court granted the defendant's motion for nonsuit following the presentation of the plaintiff's evidence.  Thus, we don't know whether the facts recited are true or complete.  The appellate court learns about the facts from a formal record that the parties prepare and submit to the appellate court (the "record on appeal").   The record will typically include transcripts of much of the testimony taken at trial.  When a judge recites the facts, you learn only the facts from the record that the judge chooses to mention.  Sometimes a judge writing a dissenting opinion will recite other facts that she believes to be important.  So before getting carried away with outrage remember that you are not seeing the whole picture.