Legal Opinion
Orvis v. Higgins
Court of Appeals for the Second Circuit
Decided February 2, 1950No. 144, Docket 21531PublishedCited by 211 opinions
1Opinion of the Court
FRANK, Circuit Judge.
In opinions holding' that the findings of trial judges were not “clearly erroneous” within the meaning of Rule 52(a),1 Federal Rules of Civil Procedure, 28 U.S.C.A., we have often stressed the importance of a trial judge’s- advantage over us when he saw and heard the witnesses as they testified. We have pointed out our inability to appraise the cogency of demeanor evidence, lost to us because it cannot be captured in the witness’ words as re*539corded on paper.2 In so holding, we may perhaps, at times, have overlooked distinctions described in United States v. United States…
2Cases cited31 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945
- United States v. Yellow Cab Co.Supreme Court of the United States · 1949
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
26 more not listed; retrieve them via the Exa API.
3Cited by211 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
- Manzi v. StateCourt of Criminal Appeals of Texas · 2002
- The State of New York v. The Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 1977
206 more not listed; retrieve them via the Exa API.