Saune v. Tourne
Supreme Court of Louisiana
ON AN APPLICATION FOR A RE-IIEARING. applied for a .re-hearing in this case. The opinion pronounced in this case seems to rest exclusively on the rule, that in mere questions'of fact the court below is the best judge of the evidence. The appellant has the right however to have the evidence considered and collated by this court, without regard to the opinion-of the judge in the first instance. This rule however is not without exceptions.
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ON AN APPLICATION FOR A RE-IIEARING. applied for a .re-hearing in this case. The opinion pronounced in this case seems to rest exclusively on the rule, that in mere questions'of fact the court below is the best judge of the evidence. The appellant has the right however to have the evidence considered and collated by this court, without regard to the opinion-of the judge in the first instance. This rule however is not without exceptions. The reason why the inferior judge is deemed better prepared to decide on the evidence, ceases when in cases like this he has not seen the witnesses. In this…
1Opinion of the CourtBullard, J.
In this case a re-hearing was allowed, and we have deliberately examined the testimony again, and considered the arguments offered, and proceed to state our reasons for adhering to the judgment first pronounced.
The question presented by the case is, whether the officers of the steam-boat Abeona took the proper measures of precaution to avoid the collision. We are satisfied from the evidence that the schooner was not at the time propelled by the wind, and had not the use of her sails, but was floating sideways down stream, making efforts by means of sweeps, and a small skiff ahead, to make the…
2Cited by2 opinions
- Ryan v. Dendinger, Inc.Louisiana Court of Appeal · 1941
- Creen v. CroceSupreme Court of Louisiana · 1865