McDowell v. Town of Clarksville

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The proper disposition, however, was not for the court to find the facts but rather to return the case to the Commissioner for decision on the record already made.”
• “[T]he fact finder must not ‘arbitrarily or totally reject’ testimony; ‘he has the duty to weigh it and determine its credibility.’” (emphasis added) (citation omitted)
• “The proper disposition, however, was not for the court to find the facts but rather to return the case to the Commissioner for decision on the record already made.”
• “If the proponent of a proposition generates a fact issue and his adversary adduces no proof, the adversary simply takes the risk of having the fact finder find that the proponent of the proposition sustained his burden of persuasion.”

Source: CourtListener parenthetical corpus (CC0).