McConn v. Commonwealth, Department of Highways

Opinion by

I concur in the result but very strongly disagree with the Majority’s statement that the credibility of a witness is solely for the jury and never for the Court. For this proposition, the Majority rely upon Springer v. Allegheny Co., 401 Pa. 557, 560, 165 A. 2d 383. In the Springer case, no authority was cited for such a statement, and it is contrary to almost all human and judicial experience,* and should certainly be instantly overruled.

In many cases, how is it possible for a trial Judge to say that a verdict was against the weight of the evidence, without taking into…