Commercial Insurance v. Scammon

Citations

• 123 Ill. 601
• 14 N.E. 666

Syllabus

<p>1. Bight op trial by jury—and of the power of the court to control a/nd give direction to the action of the ju/ry. The constitutional guaranty as to the right of trial by jury is simply of the right as it was enjoyed at the adoption of the constitution.</p> <p>2. All real questions of fact must be tried by a jury when demanded, but it is for the court to say whether evidence offered is pertinent to the issue, and also whether there is sufficient evidence before the jury to present an issue of fact under the pleadings, and if there shall not be, to direct what verdict shall be returned.</p> <p>3. Same—action of the Appellate Court in finding the facts differently from, the jury, and giving the proper judgment. If the jury should find for a defendant when the evidence, with all the inferences that they could justifiably draw from it, is so insufficient to support the verdict that the trial court would have been warranted in directing them to find for the plaintiff, but failed to do so, an appellate court, in rendering the judgment that should have been rendered in the trial court, will no more invade the province of the jury than would the trial court if it had directed what verdict the jury should return.</p> <p>4. It is not within the province of the trial court to weigh the evidence and determine where the preponderance is. Its function is limited strictly to determining whether there is or is not evidence legally tending to prove the fact affirmed,—evidence from which, if credited, it may reasonably be affirmed, in legal contemplation, the fact affirmed exists, leaving out of view the effect of all modifying or countervailing evidence. That power which the trial court might have exercised on the trial, the Appellate Court may exercise on appeal or writ of error.</p> <p>5. Appeals—misapplication of the law by Appellate Court—upon the facts as found. If it shall appear from the facts found by the Appellate Court, and recited by it, that the law has been improperl