Poleman v. Johnson

Citations

• 84 Ill. 269

Syllabus

<p>1. Law and pact—whether there is evidence tending to prove essential fact. Whether there is any evidence tending to prove any given material allegation of a declaration, is a question of law for the court to determine.</p> <p>2. Pbactice—excluding all the evidence. Where there is any one essential allegation of a declaration which has no proof tending to support it, it is the duty of the court to exclude from the consideration of the jury all the evidence in the case, or to charge the jury that there is no evidence to support the essential allegation, and, for want of such proof, to find for the defendant.</p> <p>3. Where there is some evidence tending to support every essential allegation of the declaration, it is the province of the jury to say how much weight is to be given to such evidence, and to determine whether the evidence is sufficient to prove the proposition.</p>