Railroad Reports Volume 35

Railroad Reports Volume 35

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...told, if all other things were exactly equal in all respeits, the witnesses of equal intelligence and credibility, having equal opportunities of knowledge, testifying with equal candor, intelligence, and fairness, the weight of the evidence under such circumstances should be considered to be on the side having the greater number of witnesses. The jury were further cautioned in this instruction as follows: "But it does not necessarily follow that the weight of evidence is on the side which has the greater number of witnesses. It does not depend upon the number of witnesses testifying one way or another, but upon all the evidence in the case, whether direct or circumstantial. It is the evidence which is greater in weight and credibility." If such a remarkable situation of exact equipoise in the character, credibility, knowledge, candor, intelligence, and fairness of the witnesses as is described in this instruction could by any possibility exist, it would be difficult to find another or safer method of deciding the question of the existence or nonexistence of the facts to which the testimony related than to give the greater weight to the greater number. In such a dilemma a jury might well ask the court, as a matter of law, by what rule they were to be governed. But there is no real difliculty here. No such situation was shown to exist in this case, and therefore, even if erroneous, the instruction did not and could not harm the appellant. The refusal of the court to strike from the testimony of the appellee the words, "They were going so fast," did not constitute reversible error. Whether competent or incompetent, the statement could not have exercised a material influence upon the jury in deciding the issues of the...show more

Product details

  • Paperback | 450 pages
  • 189 x 246 x 23mm | 798g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123695596X
  • 9781236955968