"When disputed questions of material fact are presented in a jury trial, it is the province of the jury, not the trial court, to resolve those disputes, to determine the credibility of the witnesses, and to decide the weight to place on each witness's testimony."
How later courts described this case
- "When disputed questions of material fact are presented in a jury trial, it is the province of the jury, not the trial court, to resolve those disputes, to determine the credibility of the witnesses, and to decide the weight to place on each witness's testimony."
Written by the judges who cited it.
The opinion
BRYAN, Judge,
concurring in the rationale in part and concurring in the result.
I concur in the result reached in Part II.A. of the main opinion. In all other respects, I concur.