96 Ga. 481 | Ga. | 1895
This case turned entirely upon the evidence, a full report of which appears in the official statement made by the reporter. An examination of the plaintiff’s evidence, he being the sole witness in his own behalf as to the circumstances under which he was injured, will show that, at best, he made out for himself a very weak and doubtful case. Upon cross-examination, he testified to facts which would absolutely defeat any recovery on his part; and as a whole, his testimony was so utterly inconsistent with itself, and so self-contradictory as to the most vitally important facts in the case, that, in the absence of information from any other source, it would be impossible to ascertain with any degree of satisfaction the real truth as to what occurred. Every witness is under a solemn obligation to tell the truth, the whole truth, and nothing but the truth; and this obligation is especially binding upon one who seeks, by his own testimony, to establish a substantial right against another. Atlanta Consolidated St. Ry. Co. v. Beauchamp, 93 Ga. 6,
It is evident that the plaintiff below did not deal fairly with the court and jury. He was not candid, and evidently did not wish to disclose all he knew as to the cause of his injury. On the whole, we think the case should be tried again; and we the more readily reach this conclusion because a complete defense was apparently established by the evidence introduced in behalf of the defendant, if it is entitled to credit.
Judgment reversed.