Redman v. Baltimore & Carolina Line, Inc.

Because the decision about to be rendered by the majority destroys a jury’s determination, whieh should prevail here, I dissent.

The credibility of witnesses, the weight and probative value of all the evidence, are to be determined by the jury and not by the judge. Southwestern Brewery v. Schmidt, 226 U. S. 169, 33 S. Ct. 68, 57 L. Ed. 170; Baltimore & Ohio R. R. Co. v. Groeger, 266 U. S. 521, 524, 45 S. Ct. 169, 69 L. Ed. 419. It is not within the province of the court to pass upon the credibility of the witnesses;’ that is the jury’s function. A judge may determine whether upon all the…