Mauro v. Platt

Citations

• 62 Ill. 450

Syllabus

<p>1. Admissions—weight as evidence. It is not true that, under all circumstances, admissions of a party are weak evidence; sometimes they are the strongest and most satisfactory species of evidence. It is the province of the jury to weigh such evidence, and give it the consideration to which it is entitled ; and in case of a conflict the court has no right to tell the jury that an admission is a weak kind of evidence.</p> <p>2. Same. Where the authority of one to employ the plaintiff as an attorney was disputed, and the evidence on that point conflicting, and it was proved by two witnesses that they were present and heard defendant authorize the employment of plaintiff, the circuit court instructed the jury that, while it was competent for plaintiff to show the admissions and statements of defendant, as tending to show his liability, yet the law regards such admissions as a weak kind of evidence: Held, that the instruction was erroneous, because the testimony was not of admissions, but of an important fact, and in such a case it was for the jury alone to determine the weight of the evidence.</p>