Portal:Supreme Court of the United States

“ Even where the fact-finding function is not divided, 'due regard' for the advantage of the trier of fact does not require appellate impotence. Judge Hand's statement in Dyer v. MacDougall was one of logic, not of law; the court went on to affirm a summary judgment against the plaintiff, who presented no evidence and relied on the chance that defendant's witnesses would be disbelieved in their denials-because, despite the logical possibility that demeanor alone might convince of the affirmative, to deny summary judgment would have destroyed the effectiveness of judicial review. ”

“ They may impoverish or break an employer, and while they are not in law penal orders, they are in the nature of penalties for the infraction of law. The evidence to justify them ought therefore to be substantial, and surmise or suspicion, even though reasonable, is not enough. The duty to weigh and test the evidence is of course on the Board. This court may not overrule a fact conclusion supported by substantial evidence, even though we deem it incorrect under all the evidence. ”

“ The test in the Tex-O-Kan opinion for reinstatement cases is that the employer's statement under oath must be believed unless there is 'impeachment of him' or 'substantial contradiction,' or if there are 'circumstances' that 'raise doubts' they must be 'inconsistent with the positive sworn evidence on the exact point.' But the Examiner-the one whose appraisal of the testimony was discredited by the Court of Appeals in the Florida Citrus Canners Co-operative case-sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records. ”