Seaverns v. Tribby

Citations

• 48 Ill. 195

Syllabus

<p>1. Instructions—erroneous which assume to decide questions of fact. It is the province of the jury to decide questions of fact, and instructions which assume to decide such questions, or direct the jury as to the weight of evidence, are erroneous.</p> <p>2. Evidence—relative to copy of entries made from books of account. In an action to recover for a quantity of broom corn, the plaintiff on examination produced a paper, purporting to show the weights of the several lots delivered, as also the total weight, a part of which weights plaintiff had himself entered in a book, but which was not produced, and a part entered by another person, in a book kept by him, which book was produced in court, and the entries therein proven by his deposition, which entries corresponded with those shown in this paper: Held, that as to the entries made by plaintiff, the paper was a mere memorandum, to the accuracy of which plaintiff swore from his own knowledge, and his testimony was not objectionable, on the ground that he had refreshed his memory by referring to his book and making this memorandum therefrom. That as to the copy made from such other person’s entries, the book showing the original entries was produced, and they were proven by his deposition, and that if upon a second trial, the witness who swears to this addition, can also swear that he has made it from the figures given in the deposition, this paper will be unobjectionable.</p>