Wood v. Michigan Millers Mutual Fire Insurance Co.

While defendant offered evidence, and there were facts and circumstances tending to show, that the pressure of the rain water against the east foundation wall caused the damage, we cannot say that plaintiff’s testimony, if accepted by the jury, is insufficient to support a verdict for the plaintiff. The credibility of the testimony was for the jury. Hence, there was no error in the order of the court overruling the motion to dismiss as in case of nonsuit.

The admission of the opinion of lay witnesses who visited the scene after the hurricane had passed must be held for error. It was…