Chapman ex rel. Chapman v. Bradley

CLEMENS, Judge.

Plaintiff had a $4,600 verdict and judgment in her action arising from an automobile collision. The trial court had given MAI 2.01, the general cautionary instruction, and granted defendant a new trial on the ground it had erred by omitting words from the fourth sentence of paragraph 8. That sentence, with the omitted words emphasized: “8. ... In considering the weight and value of the testimony of any witness you may take into consideration the appearance, attitude and behavior of the witness, the interest of the witness in the outcome of the suit, the relation of the witness…