Hudson v. Best

1. The record discloses that the only witnesses introduced at the trial of this case were the plaintiff and the defendant. The defendant testified orally, and the plaintiff by interrogatories. Their evidence was conflicting as to the merits of the case. The judge charged properly as to the duty of the jury to reconcile testimony where it could be done, but-stated that if they could not do so it became their duty to believe the witness who had least inducement to swear falsely and the best means of knowing the facts about which he testified. We think this charge was incorrect. While in cases…