Belden v. Innis

Citations

• 84 Ill. 78

Syllabus

<p>1. New trial—duty of circuit judge in relation thereto. It is the duty of every circuit judge to give careful attention to every part of the testimony in each case, and to consider it with as much care as if he were trying the case without a jury, and in all cases where the verdict is manifestly and palpably against the weight of the evidence, he should promptly set it aside.</p> <p>3. Same—verdict against the evidence. Where the only evidence to sustain a verdict in favor of a plaintiff is his own testimony, and his statements, on cross-examination, are so equivocal as to leave the mind in doubt as to the truth of his direct evidence, and his testimony is positively contradicted by that of the defendant, who answers clearly upon cross-examination, and who is corroborated in the main points of his testimony hy four other witnesses, a verdict in favor of the plaintiff should he set aside by the circuit court, and it is error to refuse to do so.</p>