M Civ JI 4.07 Weighing Conflicting EvidenceNumber of Witnesses

Although you may consider the number of witnesses testifying on one side or the other when you weigh the evidence as to a particular fact, the number of witnesses alone should not persuade you if the testimony of the lesser number of witnesses is more convincing.

Comment

An instruction that weight of the evidence does not mean the number of witnesses was approved in Strand v Chicago & W M R Co, 67 Mich 380; 34 NW 712 (1887), and American Seed Co v Cole, 174 Mich 42; 140 NW 622 (1913). However, any instruction on this subject should make it clear that the ultimate decision is for the jury. King v Ann Arbor R Co, 137 Mich 487; 100 NW 783 (1904); Spalding v Lowe, 56 Mich 366; 23 NW 46 (1885). Therefore, this instruction should be given in conjunction with M Civ JI 4.01.

History

M Civ JI 4.07 is a revision of SJI 2.07. Amended April 1981.