The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who had the same opportunity of observation swear that they did not see or know of its having existed. This rule shall not apply when two parties have equal facilities for seeing or hearing a thing and one swears that it occurred while the other swears that it did not.
(Code 1981, §24-14-7, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 29A Am. Jur. 2d, Evidence, § 1368.
C.J.S.- 32A C.J.S., Evidence, § 1602.
ALR.
- Conclusiveness of uncontradicted testimony of interested witness where opposed to presumption, 72 A.L.R. 94.
Comparative value of positive and negative testimony, 98 A.L.R. 161.
Relative weight of testimony of attesting witnesses in support of mental competency of testator, 123 A.L.R. 88.
Admissibility, in support of general credibility of an accomplice-witness who has not been impeached of evidence from nonaccomplice witness not otherwise relevant or of probative value as against defendant, 138 A.L.R. 1266.
Distinction between positive and negative evidence, 140 A.L.R. 530.
Probative force of testimony offered to show that crossing signals were not given on approach of train, 162 A.L.R. 9.