Butt v. Toledo, Wabash, & Western Railway Co.

Indiana Supreme Court
Butt v. Toledo, Wabash, & Western Railway Co., 34 Ind. 162 (Ind. 1870)
Pettit

Butt v. Toledo, Wabash, & Western Railway Co.

Opinion of the Court

Pettit, C. J.

This suit was brought by the appellant against the appellee, to recover damages for killing stock on her-railroad. The issues were regularly made; trial by the court,-and .finding and judgment for the defendant Motion .for a.new trial overruled, exceptions, and appeal to this court. The -.only question before us in this record is the correctness of the finding of the court below on the evidence, all of which . is in the record. The evidence was all oral and unwritten, rand is conflicting and contradictory; and the judge who tried the case was Better able to determine its strength, weight, and the .reliability of witnesses than we are; and therefore we cannot reverse, but must affirm the judgment.

Judgment affirmed, at the costs of the appellant.

Reference

Full Case Name
Butt v. The Toledo, Wabash, and Western Railway Co.
Cited By
1 case
Status
Published