Riford v. Town of Rochester
Supreme Court of Vermont
Case for injury on a highway. Trial by jury on the assessment of damages, December term, 1878, Barrett, J., presiding. The court charged the jury, among other things not excepted to, as follows: “ Mr. Riford has testified, giving an account of himself through life, down to the present time.
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Case for injury on a highway. Trial by jury on the assessment of damages, December term, 1878, Barrett, J., presiding. The court charged the jury, among other things not excepted to, as follows: “ Mr. Riford has testified, giving an account of himself through life, down to the present time. It is claimed that he has testified falsely in giving that account of himself, in that he testified that down to the happening of this accident, he never had been afflicted with any disease to take note of, excepting that breach, that hernia, that troubled him in ’69. It is claimed to be proved before…
1Opinion of the Court
*740The opinion of the court was delivered by
Wheeler, J.
The charge in this case seems to carry the idea that if the plaintiff should be found to have falsified in one material particular, that fact would so far impair the quality of his testimony as to all other matters, that it would not be sufficient, alone, to find any fact from. But his testimony, if that fact was so found, would still be in the case, and would be to be weighed and considered, and notwithstanding such impeachment, might, from the manner in which it was given, from its own inherent probability, or from its consistency, be…
2Cited by3 opinions
- Melendy v. Town of BradfordSupreme Court of Vermont · 1883
- Sargent v. Robertson Et Ux.Supreme Court of Vermont · 1932
- Gomez v. LawsonSupreme Court of Vermont · 1933