Kalamazoo County Road Commissioners v. Bera

We are faced once again with the difficult problem of reviewing the discretion of a trial judge who granted a motion for a new trial after a jury had brought in a verdict of no cause of action. The defendants assert he erred in that this case comes within the principle set forth in Bridwell v. Segel, 362 Mich 102. There it was said that when the question is 1 of the credibility of 1 or more witnesses’ testimony as opposed to that of 1 or more other witnesses, the conflict is to be resolved by the jury rather than the court.

Plaintiff asserts — whatever conflict there may have been in the…