Section 1833

Citation: Section 1833 3.
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

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3. Was the testimony of Miss Berry so unsatisfactory and incredible as to amount to no substantial evidence? This question is discussed in twenty-three pages of defendant’s brief wherein attention is drawn to discrepancies between the testimony given by Miss Berry in her deposition and that given by her at the trial and contradictions of some portions of her testimony by other witnesses are pointed out. The credibility of Miss Berry, like that of all other witnesses, was a matter for the jury to decide. Having heard all of the testimony, including extensive cross-examination of each witness by opposing counsel, the jury made its determination and the verdict will not be disturbed. (Treadwell v. Nickel, 194 Cal. 243, 252 [228 P. 25].)

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