Bauer v. Bell

Citations

• 74 Ill. 223

Syllabus

<p>1. Evidence —jury should determine from the entire testimony and not a part. On á question whether a piano was sold or leased, one party introduced in evidence a printed form of a lease which he had partly filled, and which he testified was a copy, except as to numbers, which fact was denied in the testimony of the other party, he insisting that the printed form used was changed by striking out, and interlineations, before its execution. The court instructed the jury that they were not bound to take the copy of the agreement as conclusive upon the point whether a sale or lease was made of the piano, but in determining that question should consider the entire evidence in the case: Held,ih&t the instruction was unobjectionable, as a mere copy made from recollection was not conclusive.</p> <p>2. Trespass— instruction as to finding all guilty. Where the court had already instructed the jury,in an action of trespass against several, to find a verdict against only such of the defendants as they believed from the evidence were participators in the tort, an instruction that if the trespass was committed by either of two defendants, or both of them, by their servants or agents, they must find for the plaintiff, is not obnoxious to the criticism that it directs the jury to find against both, if either by his servants or agents committed the trespass.</p> <p>3. Same—to make one liable for a trespass committed by his direction, the place at which the direction was given is unimportant. It is not necessary it should be given at the place where the trespass was committed.</p> <p>4. Instructions — based upon a .wrong theory of the case. Where a trial in trespass against parties not present at the time and place where the wrongful acts were committed, is conducted by the plaintiff on the theory that the trespass was committed by the servants of the parties by their direction and procurement, instructions on the part of such parties defendant, based upon a subsequent ratification