City of Aurora v. Pennington

Citations

• 92 Ill. 564

Syllabus

<p>1. Practice—finding of facts by Appellate Court conclusive. When the Appellate Court finds that the evidence sustains the verdict of the jury, such finding as to the facts is conclusive upon this court, and only questions of law can be considered.</p> <p>2. Same—questions of law not raised in Appellate Court. Where a party fails to make any point in the Appellate Court as to the admission of improper evidence or to the giving or refusing of instructions, it is doubtful whether, by the practice under the statute, any can be made in this court.</p> <p>3. Evidence—to show notice of defective sidewalk. In an action against a city to recover for personal injury from a defective sidewalk, a resolution of the common council, adopted before the accident, instructing the street commissioner to notify parties to repair the sidewalk on the street where the injury occurred, is properly admitted against the city, as tending in some degree to show that the city authorities knew before the happening of the injury that the sidewalk at the point in question needed repairs.</p> <p>4. Instruction-—ms to what evidence proves. What evidence proves or tends to prove is for the jury to determine, and it is not the province of the court to instruct as to its effect, or what inferences the jury may draw from it.</p>