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ORVIS v. HIGGINS

No. 144, Docket 21531.

180 F.2d 537 (1950)

ORVIS v. HIGGINS.

United States Court of Appeals Second Circuit.

Decided February 2, 1950.

Attorney(s) appearing for the Case

Arthur Butler Graham, New York City, for plaintiffs-appellees.

Irving H. Saypol, New York City (Henry L. Glenn, New York City, of counsel), for defendant-appellant.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

In opinions holding that the findings of trial judges were not "clearly erroneous" within the meaning of Rule 52(a),1 Federal Rules of Civil Procedure, 28 U.S.C.A., we have often stressed the importance of a trial judge's advantage over us when he saw and heard the witnesses as they testified. We have pointed out our inability to appraise the cogency of demeanor evidence, lost to us because it cannot be captured in...

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