M Civ JI 4.08 One Witness against a Number [ Recommend No Instruction ]

Comment

The committee recommends that no “one witness against a number” instruction be given.

The Michigan Supreme Court has held that it is error to point out cases where one witness was to be believed against many. Butler v Detroit, Y & AA R Co, 138 Mich 206; 101 NW 232 (1904); Harrison v Green, 157 Mich 690; 122 NW 205 (1909); Lendberg v Brotherton Iron Mining Co, 75 Mich 84; 42 NW 675 (1889). Such instructions have been criticized as suggesting that the trial Court believed one side’s witnesses over the other.

This type of charge is unwarranted where M Civ JI 4.01 and 4.07 are given.

History

M Civ JI 4.08 was SJI 2.08.