Chapman v. Stewart

Citations

• 63 Ill. 332

Syllabus

<p>1. New trial—conflict of evidence. A verdict based upon a comparison of conflicting testimony, should not be disturbed unless the injustice be manifest, nor will the refusal of the judge to set aside the verdict in such case be reviewed, unless it is apparent that he acted under misapprehension. . i</p> <p>2. Instructions. When based upon the evidence, instructions which accurately state legal propositions may be given. It is not error to refuse to give an instruction in which facts are assumed which it is the duty of the jury to find from the evidence. Nor is it error to refuse instructions which, though containing accurate legal propositions, are not material to the issue.</p>