Eye v. Byrnes

Citations

• 124 La. 769
• 50 So. 708
• 1909 La. LEXIS 542

Syllabus

<p>1. Evidence (§ 586*) — Weight and Sufficiency-Positive and Negative.</p> <p>Where the plaintiff and four unimpeached witnesses swore positively that the slanderous words were uttered by the defendant, and his denial under oath is supported by the testimony of three witnesses to the effect that they heard words used by the parties to the altercation, but did not hear the alleged slanderous words, held, that such evidence is negative and noncorroborative, in the absence of proof that such words could not have been uttered without having been heard by such witnesses.</p> <p>2. Apfeal and Ekror (§ 1012*) — Review-Questions of Eact — Preponderance of Evidence.</p> <p>The constitutional jurisdiction of this court over the facts imposes the correlative duty of reversing verdicts and judgments when manifestly contrary to the preponderance of the evidence, and of rendering such judgment in the case as should have been rendered in the court below.</p> <p>(Syllabus by the Court.)</p>