Stampofski v. Steffens

Citations

• 79 Ill. 303

Syllabus

<p>1. Credibility of witnesses—always a question for the jury. The credibility of witnesses is always a question for the jury. And where the plaintiff testifies to one state of facts, and the defendant to another and different state of facts, and the result of the case depends to a great extent upon their veracity, it is for the jury to determine, from their appearance on the stand, their manner of testifying,etc., which they will believe. And when they have done so their finding will not be disturbed.</p> <p>2. Jury—must rely upon the evidence introduced in court. The jury must rely upon the evidence introduced in court; they cannot go outside for the purpose of getting facts upon which to base a verdict.</p> <p>3. In a suit where one of the questions was, whether certain furniture was made in a workmanlike manner, it was held that a juror had no right, without the consent of the parties, to go where the furniture was stored and examine it.</p> <p>4. Misconduct of juror—party waives objections by remaining silent after knowledge. In a suit where one of the questions before the jury was, whether certain furniture wTas made in a workmanlike manner, one of the jurors, while the trial was in progress, without permission, visited the place wdiere the furniture ivas stored, and made an examination of it. This was done without the knowledge or consent of the plaintiff. Before the case was finally submitted to the jury,Jtlie defendant was informed of this conduct of the juror, but he failed to notify the court of it or to interpose any objection to the trial proceeding, but remained silent: Held, that the conduct of the juror was irregular and unlawful, but that the defendant, by remaining silent after he became aware of it, waived his right to object to it after the verdict was rendered.</p>