Legal Opinion · Dissent

Walker v. Johnston

Court of Appeals of Texas

Decided January 10, 1951No. 12206Published

1DissentNorvell, Justice

Leonard M. Fisher, Sheriff of Calhoun County, a wholly disinterested witness, who investigated the collision in line with his duty as a public official, testified with ref*544erence to the insignia on the truck as follows: '

“Q Did the cab (of the truck) have any lettering on it? A Yes, sir. As I remember, it was W. B. Johnston and Sons, Victoria,’ but I know it was ‘Johnston and Sons’.”

A witness necessarily testifies from his rememberance and to me the testimony quoted seems reasonably 'positive and definite, and, certainly, it could have been easily contradicted had it been untrue. But, whether…

2Cases cited7 opinions

  1. Edgeworth v. WoodSupreme Court of New Jersey · 1896
  2. Younger Bros., Inc. v. PowerCourt of Appeals of Texas · 1936
  3. Reilly v. BusterCourt of Appeals of Texas · 1932
  4. Strickland Transp. Co. v. AtkinsCourt of Appeals of Texas · 1949
  5. Green v. ScalesCourt of Appeals of Texas · 1919

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