Carter v. Chambers
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was brought by Robert Carter against W. L. Chambers, to recover damages for personal injuries sustained by plaintiff by being run over, on a public street in the city of Montgomery, by the horses attached to the defendant’s private carriage, which was driven at the time by the defendant’s servant; and was commenced on the 18th May, 1885. The accident occurred on the 23d December,…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was brought by Robert Carter against W. L. Chambers, to recover damages for personal injuries sustained by plaintiff by being run over, on a public street in the city of Montgomery, by the horses attached to the defendant’s private carriage, which was driven at the time by the defendant’s servant; and was commenced on the 18th May, 1885. The accident occurred on the 23d December, 1884, under the circumstances stated in the opinion of the court. The record does not show what pleas were filed. The bill…
1Opinion of the CourtStone, C. J.
As a general proposition, the credibility of oral testimony is an inquiry of fact, which must be submitted to the jury. Hence the rule, 1hat in charging juries, it is improper to assume, or state as fact, any material matter which depends on the sufficiency of oral testimony for its establishment. But this rule has a well-defined exception, generated by the great inconvenience that would result from its literal and extreme application in all cases. In the trial of most issues, the real contention is not over every question of law or fact that is involved directly or incidentally. The…
2Cases cited29 opinions
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Kilgore v. StateSupreme Court of Alabama · 1883
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
24 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
- Denman v. JohnstonMichigan Supreme Court · 1891
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Grammer v. StateSupreme Court of Alabama · 1940
- Baker v. BakerCourt of Appeals of Tennessee · 1940
57 more not listed; retrieve them via the Exa API.