Chicago & Alton Railroad v. Adler

Citations

• 56 Ill. 344

Syllabus

<p>1. Juror—competency—Timing a “ leaning ” against one of the parties. A juryman who, on his voir dire, was asked if the evidence were evenly balanced which way he would he inclined to find, answered that in such case he would “ lean against the defendant: ” Held, such juryman was incompetent, and it was error to refuse his challenge by the defendant.</p> <p>3. Nor would the fact that such juryman announced himself Impartial, in the slightest degree affect the question of his competency.</p> <p>3. Neither could instructions from the court correct the bias of jurors who swear that they incline in favor of one of the litigants.</p> <p>4. Witness — refreshing Ms recollection. A witness in giving testimony may make use of a copy of an original memorandum to refresh his memory. But, unless he can give a satisfactory reason for using the copy, that fact might impair the weight of his evidence with the jury—would go to the credit, and not to the competency of his testimony.</p> <p>5. Before the witness, however, can be permitted to refresh his memory from the copy, he must be clear and explicit in his evidence that it is truly transcribed from the original, and that the original was correctly made and was true when it was made.</p> <p>6. If a witness has no recollection of the circumstances, and can only say they are true because he finds them on his memorandum, it would not be proper to permit him to either read or speak from the memorandum.</p> <p>7. Railroads—omission to give signal at highways—proof of highway required. In an action against a railroad company to recover a penalty for the neglect of the defendants to give the signal required by the statute when crossing a public highway with their engine and train, it was held, the plaintiff was bound to prove, before he could recover, that a highway existed at the point alleged, and it was error for the court to refuse to so instruct the jury.</p> <p>8. Same—what will be sufficient proof. Evidence, however, that a roa