Louisville & Nashville Railroad v. Trout

The plaintiff obtained a verdict for injuries alleged to have been negligently inflicted by the railroad company in the running of its ears over a public-road crossing. The court refused a new trial, and the defendant brings error.

' 1. Exception is taken to this excerpt from the court’s instruction to the jury: “In this connection I charge you that if a wit*122ness swear to an improbable story, that in itself would not' be sufficient to impeach him, but slight circumstances in conflict therewith might or might not be sufficient to authorize a jury to disbelieve his testimony, as the jury might…