Canepa v. Durham

Although I concurred in the opinion filed herein, a review of the facts prompted by a petition for rehearing leads me to the conclusion that a rehearing should be granted.

While this court may not usurp the functions of a lower court in determining the weight and credibility to be given witnesses on their testimony, yet we may not close our eyes to indices which to a great extent disclose that testimony is ventriloquial in character.

It is elementary that if the lower court’s findings are not supported by substantial evidence they cannot be sustained.

In the decision filed by this court on the…