Congress of Racial Equality v. Douglas

This case emphasizes the wisdom of the rule that an appellate court should exercise careful and cautious restraint before substituting its judgment for that of a resident trial judge when the judgment under review relates more to the facts proven and the demeanor of the litigants and witnesses, rather than to abstract principles of law. Before stating my reasons for this dissent, I wish to make a general observation by way of preface or preamble.

Nothing said herein is intended to lend comfort or encouragement to those who advocate the use of, or who' use brass knuckles and other forms of…