SCRUGGS, VANDERVOORT AND BARNEY DRY GOODS COMPANY, PETITIONER,

v.

THE UNITED STATES

Citator

Cited By

• Nicolay v. United States, 51 F.2d 170 (10th Cir. 1931)
  …vely contradicted by the physical facts, neither the court nor the jury can be permitted to credit it.’ American Car & Foundry Co. v. Kindermann (C. C. A. 8) 216 F. 499, 502; Missouri, K. & T. Ry. Co. v. Collier (C. C. A. 8) 157 F. 347, cert. denied 209 U. S. 545, 28 S. Ct. 571, 52 L. Ed. 920. Cases from many jurisdictions are gathered in a note in 8 A. L. R. 798, supporting the proposition that uneontradieted evidence which is contrary to physical facts should be disregarded. Judgments cannot and should not…
• Elzig v. Gudwangen, 91 F.2d 434 (8th Cir. 1937)
  …acts is not substantial evidence — which is another way of saying that neither court nor jury is permitted to believe that which is obviously untrue — is well settled. Missouri, K. & T. Ry. Co. v. Collier (C.C.A.8) 157 F. 347, 353, certiorari denied 209 U.S. 545, 28 S.Ct. 571, 52 L.Ed. 920; St. Louis Southwestern Ry. Co. v. Britton (C.C.A.8) 190 F. 316; American Car & Foundry Co. v. Kindermann (C.C.A.8) 216 F. 499, 502; United States v. Harth (C.C.A.8) 61 F.(2d) 541, 544; United States v. Hill (C.C.A.8) 62…
• F. W. Woolworth Co. v. Davis, 41 F.2d 342 (10th Cir. 1930)
  …vely contradicted by the physical facts, neither the court nor the jury can he permitted to credit it.” American Car & Foundry Co. v. Kindermann (8 C. C. A.) 216 F. 499, 502; Missouri, K. & T. Ry. Co. v. Collier (8 C. C. A.) 157 F. 347, cert. denied 209 U. S. 545, 28 S. Ct. 571, 52 L. Ed. 920. Cases from many jurisdictions are gathered in a note in 8 A. L. R. 798, supporting the proposition that uncontradieted evidence which is contrary to physical facts should be disregarded. Judgments cannot and should not…