Louisville, New Orleans & Texas Railway Co. v. Whitehead
Louisville, New Orleans & Texas Railway Co. v. Whitehead
Opinion of the Court
delivered the opinion of the court.
The first instruction given for appellee is justly obnoxious to the criticism of containing a comment on the testimony of the two chief witnesses for the appellant, and as charging the jury on the weight of the evidence. The jury was informed by the court that the evidence of these witnesses was to “be received with caution, as the opinions of such witnesses, however honestly entertained, may be erroneous,” etc. The singling out of the witnesses supposed to have been expert witnesses (whether they were or not it is unnecessary for ns to determine) for discrediting remark by the court, and the unfavorably contrasting their evidence with the other evidence in the case, was in disregard of § 732, code 1892.
The evidence of expert witnesses is to be received and
Reversed.
Reference
- Full Case Name
- Louisville, New Orleans & Texas Railway Co. v. T. J. Whitehead
- Cited By
- 16 cases
- Status
- Published
- Syllabus
- Instruction. Singling out witness. Weight of evidence. Code 1892, § 732. It is error to instruct that the testimony of experts is to be “received with caution, as the opinions of such witnesses, however honestly entertained, may be erroneous.” Thus to single out witnesses, and unfavorably contrast their testimony with that of others, is in violation of ? 732, code 1892, forbidding instructions on the weight of evidence.