Brown v. Galesburg Pressed Brick & Tile Co.

Citations

• 132 Ill. 648
• 24 N.E. 522

Syllabus

<p>1. Arbitration—whether so considered—as distinguished from an ordinary judgment from which an appeal would lie. In a suit to recover damages resulting from negligence, after the general issue was filed, the parties stipulated to waive a jury and submit to the judge (who was named) the sole question of the amount of the actual compensatory damages the plaintiff had sustained. By a further stipulation it was agreed that final judgment should be entered in favor of the plaintiff for one-half of the damages found by the judge : Held, that the stipulations did not render the proceeding an arbitration, and hence an appeal would lie from the judgment.</p> <p>2. Judgment by confession—in what it may consist—right of appeal. Where the amount of actual compensatory damages was to be found by the court, without a jury, it was agreed that judgment should be rendered for only one-half of the amount of the finding: Held, that this was- not a judgment by confession, so as to deprive the defendant of an appeal. The stipulation is rather an agreement, in advance, to remit one-half of the damages, and to limit the recovery to the residue.</p> <p>3. Evidence—refreshing witness’ recollection. A witness was called to testify to the plaintiff’s damages, consisting of many items, and stated that he had a recollection of the facts, but said he could not remember or state the items without reference to his memorandum, made at the time of his examination of the property alleged to have been injured. He was allowed, over the defendant’s objection, to refer to the memorandum for the purpose of refreshing his recollection, and to have it open before him while testifying: Held, that this was a legitimate use of the memorandum, and that there was no error.</p> <p>4. Same—draft or sketch of premises—to indicate the location of property injured. On a trial of an action for damage to various items of property, after a witness was examined at considerable length in relation to the plaintiff's prem