Jacobellis v. Prudential Ice & Coal Corp.

The decision in favor of the defendants, respondents, is against the weight of evidence and contrary to the oral and written evidence. The respondents’ contention that a different decision must be predicated, in whole or part, upon the testimony of a confessed perjurer (Fighera) is unsound. The decision that has been had rests essentially, in whole or part, upon the testimony of Giordano, a confessed perjurer.

The testimony of defendant Rubel is, in effect, disregarded by the decision that has been had. A proper approach to a correct determination of the facts involves acceptance of most of…