Meyer v. Mead

Citations

• 83 Ill. 19

Syllabus

<p>1. New trial—newly discovered evidence. A new trial will not he granted for newly discovered evidence which is merely cumulative and not decisive, and where the affidavit fails to show diligence to procure the testimony.</p> <p>2 Evidence—4nstrwction as to preponderance. There is no error in instructing the jury that the preponderance of the evidence is not alone determined by the number of witnesses testifying to any fact or facts, hut that, in determining its preponderance, the jury should take into consideration the opportunities or occasion of the witnesses seeing, knowing or remembering what they testify to, the probability or improbability of its truth, the relation or connection, if any, between the witnesses and the parties, their interest or lack of interest in the result of the case, and their conduct and demeanor while testifying.</p> <p>3. Instruction—modification. There is no error in modifying an instruction by adding a correct legal principle pertinent and proper to be considered with the facts of the case.</p>