JAMES A. PAYNES, PLAINTIFF-APPELLANT,
v.
DAN DEE LEE AND JOHN DOE, DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that where evidence is irreconcilably conflicting, the plaintiff, bearing the burden of proof, cannot prevail.
Plaintiff sued defendant for civil damages related to acts intended to intimidate him from voting. The acts against the plaintiff were undisputed, but…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Preponderance Of The Evidence cases and more on FLexlaw
PER CURIAM:
We previously found jurisdiction under 42 U.S.C.A. § 1985(3) ’for a trial on the merits of this civil damage action involving rather gross acts committed against plaintiff to intimidate him from becoming a registered voter. Paynes v. Lee, 377 F. 2d 61 (5th Cir. 1967), rev’g, 239 F.Supp. 1019 (E.D.La.1965).
That the acts were committed against the plaintiff is undisputed. That the defendant was present and committed the offenses was denied.
After thorough written consideration of the. evidence presented in a full trial, the District Court found an irreconcilable conflict in the evidence pertaining to the identification of the defendant as the man involved in the affair. Finding nothing that would justify attaching the “perjurer” label to either side, the Court applied the legal requirement that the plaintiff carries the burden of proving each essential element of his case by a preponderance of the evidence, and concluded that the “proofs in this case simply do not, as a matter of law, justify a finding of liability on the part of the defendant.”
A review of the record reveals no clear error in the judgment that the irreconcilable evidence left the court without a preponderance upon which to base findings favorable to either side. In this situation, the party with the burden of proof necessarily loses.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Paynes v. LEE, 377 F.2d 61 (5th Cir. 1967)