Garelick v. Giles

Upon the record we think that plaintiffs were deprived of their right to have the jury determine the question of the credibility of witnesses uninfluenced by the opinion of the court. Though the court did not directly state to the jury its opinion of the facts, the conclusion is inescapable that the language of the charge was calculated to convey to the jury the impression that the criticisms contained therein were all directed against plaintiffs. At one point the court went so far as to state: “ It is a very serious question indeed whether, even on his own story, he [infant plaintiff] is…