81 Iowa 519 | Iowa | 1890
Following the order of the arguments, we first notice appellants’ complaint that the court erred in overruling the motion to set aside the verdict, and in rendering judgment thereon, because the verdict was not sustained by the evidence. Augustus Hurlburt testified that during the fire he and Mr. Judge went into Jordan’s saloon with others, and that he and Judge drank whiskey there out of the same bottle; that neither of them paid for it; and that Jordan and his bartender were there at the time. Hurlburt’s testimony, as given on a former trial of this plaintiff against one Boock, to recover for inj uries caused by the same intoxication, is in evidence, and is claimed to be in direct contradiction of that given on this trial, and that Hurlburt is not, therefore, entitled to credit. On the former examination, he testified to Judge’s drinking out of the bottle at the ladder, and to his drinking in Boock’s saloon. He was not asked as to his drinking in Jordan’s, and the only statement made in conflict with his testimony in this case is, that he did not see Judge take more than those two drinks. It was for the jury to say what credit, if any, should be given to Hurlburt’s testimony, and we. think, in view of the corroborating circumstances, that they were warranted in accepting it as true. Under the order from Gage, liquors were dealt out freely by Jordan on that
Y. In instructing the jury as to the rules for determining the credibility of witnesses, they were told that if they found that a witness had testified falsely as to material matters, knowingly and intentionally, they might disregard his testimony altogether. Appellants contend that they should have been instructed that in such case the testimony must be disregarded in all matters, unless corroborated. The testimony is left with the jury, and it is for the jury to say what credit and weight, if any, shall be given to it. If, by reason of his having intentionally testified falsely as to one material matter, they believe him unworthy of credit as to all other matters, they should disregard the entire testimony; but if they believe any part of his testimony to be true, though not corroborated, it is their privilege to accept it. To say that in such case they must disregard the entire testimony would be to direct the jury to disregard testimony which they believe to be true. We think the instruction announces the
There was no error in excluding the testimony •offered by defendants as to the purpose for which the ■saloon was open during the fire. That it was open does not create any liability; nor is it any defense that it was «open for the purpose of placing goods therein from the
We have examined the entire record with reference-to the numerous assignments of errors with care, and reach the conclusion that the judgment of the district court should be aeeirmed.