Robert H. Jackson

“ It is admitted that 'Pence's representations in the application were not evidence of their own veracity'. As an abstract matter one would suppose that Pence's later conflicting statements were likewise 'not evidence of their own veracity'. However, it is said that reasonable men have no choice but to admit the truth of those later statements because they 'were repeated, and usually under oath; they are in no way improbable, and are the statements of one who, being himself a doctor, spoke with knowledge of the subject and bearing of his statements'. ”

“ He concluded his statement: 'I never had a day of sickness in my life before this and I do not believe I have had an entirely well one since.' On December 8, 1933, he submitted a sworn application for pension for disability resulting from active military service, stating that since the beginning of service one civilian physician had treated him for sinusitis and myocarditis; and four others for sinusitis alone. One of the latter examinations was stated to have been made by Doctor Glickman in 1926, and another was stated to have been made at a time after the lapse of the policy in suit. ”

“ In view of the high value and importance attached by custom and tradition to the right of jury trial as a feature of our federal jurisprudence, and the significant emphasis provided by the Federal and state constitutions, scrupulous care should be exercised by courts and judges to avoid rulings, on motions for the direction of a verdict, which in effect wrongfully deprive a litigant of the cherished right. On such a motion our function is not to evaluate the evidence for the purpose of determining whether fraud has been committed. ”