Cleveland Railway Co. v. Pollack

McGill, j.

In this situation where one witness testified for the plaintiff as to how the accident happened against three witnesses for the defendant, this court is of the opinion that the charge was prejudicial and erroneous.

While it is true that the jury may believe or not believe any witness or witnesses, and may disregard the whole.or any part of the testimony of any witness, nevertheless the effect of this instruction was to minimize the influence of a number of witnesses, and it may be well said that it encouraged the jury to disregard this element in comparison with others which they…