Industrial Commission v. Carden

When motions for directed verdicts were interposed by both sides, each admitted that the testimony of the other was true and that it would be considered in its most favorable light toward the party moved against. In considering the “favorable light” phase under such circumstances, we arrive at the only rational conclusion, that the “favorable light” goes out and the testimony of each of the parties litigant is considered for what it is worth.

The trial judge found that Carden had a steel shovel in his hand when he was struck by the bolt of lightning. He took judicial notice of the fact that…