AI Structured Summary
Not yet generated for this judgment
Judgment
Merrivale, J.—Well established principles limit the 1928 authority of Courts of Appeal to overrule findings of fact made by tribunals of first instance. A manifestly erroneous conclusion, which a reasonable judgment rejects, is not validated by the fact that it was arrived at after hearing and seeing witnesses. On the other hand, the veracity of witnesses is ordinarily to be finally determined by those before whom they give evidence. The value, of corroborative or discredit proof can best be judged by those who have before the all the persona involved. A conclusion of fact of one tribunal founded upon divers admissible facts of varying importance ought not to be overset because the balance of proof upon consideration of the matter by different minds in a new setting seems to incline against the conclusion originally drawn.