Hahn v. Hemenway

Plaintiff argues for a verdict for damage which resulted from destruction of the fence and signs as a matter of law because the circumstantial evidence in his favor renders the defendant’s evidence sufficiently suspect so that it should have been rejected by the Trial Court. There is no doubt that the damage complained of actually occurred and there is little doubt that the defendant could have been the one to have caused it. But suspicion is not proof and credibility can usually be more accurately determined by a presiding justice rather than an appellate court. Employers Assurance Co. v.…