Goodell v. Stocks

The court set aside the verdict largely upon its lack 'of reliance upon the testimony of the only eyewitness to the accident, due to the witness having made on a material point a statement shortly after the accident different from that testified to by her. It was for the jury, not the court, to pass upon the credibility of the witness' testimony. Further, the statement of the decedent to his wife at the hospital of what happened at the time of the accident, taken in connection with the physical facts and other undisputed facts in evidence, furnished a reasonable basis of fact upon which the…