Davis v. Hoeppner

Citations

• 44 Ill. 306

Syllabus

<p>1. New trial—motion for, on the evidence. The jury seeing the witnesses on the stand, have opportunities superior to an appellate court to determine the weight proper to be given to evidence when conflicting. So has the circuit judge who presides at the trial better means of determining whether the verdict is sustained by the evidence. An appellate court will not, therefore, interfere to set aside a verdict because it is against the weight of evidence, unless it is clearly unsustained.</p> <p>2. Evidence—conflicting—duty of jury. Where the evidence is conflicting, it is the duty of a jury to reconcile it if that may be done; if not, then to reject such portions as they regard unworthy of belief.</p> <p>3. Admissions — by witness, how fwr evideme. Statements made by a person in the employment of another as to the amount his employer owes another, are not binding upon his principal, but are proper evidence to contradict the witness and to show whether he is disposed to testify fairly.</p>