Camarda v. Haberkorn

FRANK, Circuit Judge.

We think that crucial portions of the testimony did not receive adequate consideration by the Referee and the judge. The Referee’s opinion and findings show that he ignored the uncontradicted testimony of Hoey’s knowledge and belief concerning Sabbatino’s mental condition during the three months before the shooting. He ignored the significance of the fact that, after Hoey and Sabbatino had discussed the matter of rates, Sabbatino had left the office again to visit the saloon. He also disregarded Hoey’s earlier testimony, which Hoey admitted was correct, that, at the time…