Baker v. Robinson

Citations

• 49 Ill. 299

Syllabus

<p>1. New trial—verdict against the •evidence. An appellate court will not disturb the verdict of a jury merely because the evidence is conflicting, or because there may be doubt as to its correctness. It must be clearly wrong to require it to be set aside.</p> <p>2. Instructions—need not be repeated.’ Where an instruction is asked which is a repetition, in substance, of one already given, it may properly be refused.</p> <p>3. Same—must be based upon the evidence. An instruction which is not based upon any evidence in the case, should not be given.</p> <p>4. Impeaching a witness. A mere conflict of testimony is not what is called impeaching evidence.</p> <p>6. Practice—of raising a question by an instruction. In an action of replevin for a colt, it appeared that while the animal was in the possession of the plaintiff, the defendant, claiming to be th'e owner, obtained permission to take it home with him, upon the condition, that if, after his family had examined the colt, they would not identify it as his, upon oath, before a justice of the peace named, he would return it the same day, the evidence showed that the defendant neither procured the evidence nor returned the colt. Instructions were given, based upon the hypothesis that neither party owned the colt: Held, if the plaintiff desired to raise the question whether the defendant was bound to return _ the animal when he failed to make the proof proposed, he should have asked an instruction presenting that question.</p>