Chicago & Alton Railroad v. Buttolf

Citations

• 66 Ill. 347

Syllabus

<p>1. Jury—question proper to ask juror. During the impannelling of the jury in a civil cause, the defendant’s counsel asked several jurors this question: If, upon hearing the testimony, they should find it evenly balanced, which way they would be inclined to decide the case ? The court below sustained an objection to such questions: Held, that the court erred, as the question was proper in determining the exercise of. defendant’s right to a peremptory challenge.</p> <p>2. Evidence—impeachment of witness. Where a witness is shown to have knowingly testified falsely to a material fact, and there are no circumstances in the case going to corroborate his testimony, then the jury will have the right to reject all his testimony as unworthy of credit; but they should not reject such portions of it as may be corroborated by other unobjectionable evidence in the cause.</p> <p>3. Where the court refused the following instruction: “The jury are instructed that if they shall believe that the plaintiff, Mrs. Buttolf, has, in her testimony, knowingly sworn falsely in any material point, they are at liberty to disregard all her testimony as unworthy of belief:” Meld, no error, as it was too broad, and left out of consideration the element of corroboration.</p>