Lucius Quintus Cincinnatus Lamar

“ If a number of creditable witnesses have testified that they have frequently seen a party intoxicated or visibly under the influence of strong drink, their testimony is not to be rejected because an equal number of like creditable witnesses testify that they never saw the party in such a condition. The testimony in the one case is positive, in the other case it is negative, and both statements may be true. The witnesses for the plaintiff say that they never saw Mr. Davey intoxicated, or so under the influence of liquor as not to be able to attend to his business. ”

“ As we cannot discuss them singly in the order in which they are presented without being involved in an entanglement of muitiform and somewhat inconsistent propositions, we will endeavor to dispose of the most material points under our own arrangement. ”

“ A few of those specifications of error, however, require special mention. One of them grows out of a request to charge, made by the plaintiff, to-wit, that 'if those opinions [of physicians] are founded on testimony giving what is called the 'history of the case,' the jury must determine whether that history is true. Therefore, if the jury do not credit the story of William White and Andrew Duclone, whose relation is stated to have been given to Dr. Watson, the jury have the right to reject his diagnosis ”

“ Davey agrees that he will not become so far intemperate as what? Why, become so far intemperate as to impair his health, or so far intemperate as to induce delirium tremens. If impairment of health or if delirium trements is caused by or followed his intemperance, then the degree of intemperance which has been forbidden by this condition has been reached. ”

“ That part of every case, such as the one at bar, belongs to the jury, who are presumed to be fitted for it by their natural in telligence and their practical knowledge of men and the ways of men; and, so long as we have jury trials, they should not be disturbed in their possession of it, except in a case of manifest and extreme abuse of their function. Neither do we consider that there was any error in that part of the charge specifically excepted to therein. The jury were not told that they could reject the evidence of Dr. ”