Miller v. Balthasser

Citations

• 78 Ill. 302

Syllabus

<p>1. Instructions. It is not error to give an instruction involving the issue made by the pleadings. If the cause of action charged in the declaration is not well pleaded, the defendant’s proper course is to demur.</p> <p>2. Where the plaintiff testified that defendant had committed an assault upon her, and the defendant, in his testimony, denied it, and there was no other testimony on the subject, the verdict of the jury necessarily depended upon the degree of credit to be given to one or the other, and it was not error to instruct the jury that if they believed, from the evidence, that the defendant assaulted the plaintiff, as testified to by her, that would warrant them in finding the defendant guilty.</p> <p>3. Same—should require the jury to found their belief on the evidence. Whilst it would be error to so instruct the jury that they could find a verdict upon their belief, not based upon the evidence, yet it is not necessary to repeat in each clause of an instruction that the jury must believe from the evidence. It is sufficient if, in the first clause of the instruction, they are told that their belief must be founded upon the evidence, and there is nothing in the subsequent part from which sensible men could infer that they had a right to find a verdict upon any belief outside of the evidence.</p> <p>4. Evidence—mere preponderance of, is sufficient in a civil suit. In a civil suit, brought merely to recover damages for a personal injury, a mere preponderance of the evidence is sufficient upon which to base a finding, and it is proper to so instruct the jury.</p> <p>5. Verdict—against the weight of evidence. A verdict will not be set aside where the evidence is conflicting, even though it may be against the weight of the evidence, unless it is apparent that the jury have been actuated by passion or prejudice.</p>