Holloway v. Johnson

Citations

• 129 Ill. 367
• 21 N.E. 798

Syllabus

<p>1. Practice—directing what the verdict shall be—whether allowable. On the trial of a cause the court instructed the jury, that if they believed, from the evidence, that the plaintiff, by agreement, took certain stallions of defendant to stand during the spring season, for the compensation of one-half of what should be realized from them, and that plaintiff stood said h orses for the defendant, and that there was realized out of said transaction a certain amount of money, then the plaintiff was entitled to recover one-half of said amount shown from the proof, “and on this question the jury shall find for the plaintiff.” The defendant claimed that plaintiff was to receive only one-third of the sum realized, and there was evidence to that effect: Held, that the latter clause of the instruction was erroneous, as it left the jury no discretion but to find this issue for the plaintiff.</p> <p>2. Same—improper remarks of counsel, in argument, to the jury—no ruling in the trial court. In the closing argument to the jury, plaintiff’s counsel made remarks, prejudicial to the defendant, not authorized by any evidence. Defendant’s counsel objected to the remarks, and the court promptly said, “Counsel will confine his remarks to what is in the record,” but made no ruling sustaining what had been said: Held, that the record presented no question involving the improper remarks, the court having made no ruling as to their propriety.</p> <p>3. Instruction—when great accuracy required. Where the evidence is conflicting, and the case is one which, upon the proof, may be decided either way, it is very important that the instructions of the court should be accurate, so that the jury may not be misled, but left free to arrive at a correct conclusion, from the evidence.</p>