Martin's Administrator v. Richmond, Fredericksburg & Potomac Railroad

Citations

• 101 Va. 406
• 44 S.E. 695
• 1903 Va. LEXIS 46

Syllabus

<p>1. Evidence—Examination of Witnesses—Impeachment—Rehabilitation— Time of Examination.—After a witness has been cross-examined touching a prior statement made by him, and a foundation laid for his impeachment, the party calling him may re-examine him touching the same matter, and this is the natural and proper time and manner to elicit his statement touching the prior inconsistent statement. If impeaching evidence is thereafter introduced, the party introducing the witness may, under the strictest rules governing the introduction of evidence, support the witness by proper evidence for that purpose.</p> <p>2. Appeal and Ebkor—Judgment by Trial Court Without a Jury—Rule of Decision on Appeal.—When a case at law is decided by the court, without the intervention of a jury, and the judgment is excepted to because contrary to the evidence, and the evidence, and not the facts, is certified, the rule of decision in the appellate court is to give the judgment of the trial court the same effect as the verdict of a jury. The judgment will not be disturbed, unless it is contrary to the evidence, or the evidence is plainly insufficient to support it. If the evidence is conflicting on material points, the judgment will be affirmed.</p>