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317 Mich. 548

27 N.W.2d 92

Heiman v. Kolle

Michigan Supreme Court

Decided April 17, 1947

Michigan Supreme Court · decided 1947-04-17

Good law ✅— No negative treatment on recordhow we know

Decided 1947-04-17

How this case has been cited

Cited by 6 later decisions — most recently March 1960

6 state decisions

20194719501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Boyles, J.

¶1 (concurring). I concur in reversal on the grounds stated but cannot approve of a statement in the charge to the effect that the court did not believe the testimony of the defendant. Credibility of witnesses is for the jury. The court should not have charged the jnry, “I don’t think that the accident happened the way the defendant says it did. ’ ’ The further attempt by the trial judge in this case to influence the verdict by arguing in favor of one of the parties should not be approved. The right given the trial judge to comment on the testimony does not go so far as to permit the court to argue the case for one of the parties. Both parties have an equal right to an impartial court.

Btjtzel and North, JJ., concurred with Boyles, J.
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