Boehm v. Fairchild Bros. & Foster

U.S. Court of Appeals for the Seventh Circuit
Boehm v. Fairchild Bros. & Foster, 179 F. 700 (7th Cir. 1910)
103 C.C.A. 242; 1910 U.S. App. LEXIS 4698

Boehm v. Fairchild Bros. & Foster

Opinion of the Court

PER CURIAM.

The only question is whether the report of the master, on which the decree appealed from is based, is supported by sufficient evidence. On every material element of appellee’s case evidence was produced. The master was in the best position to judge of the weight and credibility of the testimony given orally before him; and his finding, approved by the Circuit Court, should not be disturbed by us, unless it appears that an obvious mistake was made in the consideration of the evidence. Crawford v. Neal, 144 U. S. 585, 12 Sup. Ct. 759, 36 L. Ed. 552. So far from this being true, we are satisfied that the finding was amply justified by the record.

The decree is affirmed.

Reference

Full Case Name
BOEHM v. FAIRCHILD BROS. & FOSTER
Status
Published
Syllabus
Appeal and Eebob (§ 1017*) — Review-Findings op Fact. Where there was evidence in support of every material element of a master’s finding, which was approved by the court, it will not be disturbed by an appellate court unless it appears that an obvious mistake was made in the consideration of the evidence. [Ed. Note. — For other eases, see Appeal and Error, Cent. Dig. § S996; Dec. Dig. § 1017.*]