Barsky v. Metropolitan Life Insurance

The majority Opinion concerning the facts is diametrically opposed to the findings of the Trial Justice. Thus, the court is substituting its judgment for that of the trier of the facts who not only saw the same photographs examined by this appellate court, but who also saw and heard the witnesses. It was well within the province of the Trial Justice to disregard testimony of defendant’s witness, Detective Durkin, who testified that the widow had told him on the morning of the deceased’s disappearance that her husband was “ depressed ”. It was for the Trial Justice, too, to weigh the…