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· 9/15/1874

Teutonia Life Insurance v. Beck

Citations

  • 74 Ill. 165

Syllabus

<p>1. New trial—circuit judge should wward when vm'dici is against the weight of evidence. A circuit judge, who tries a case and sees the witnesses on the stand, has superior opportunities of estimating the value of the evi. dence, and the principal responsibility for the correctness of the verdict is upon him, and if the verdict is against the weight of the evidence, it is his duty to award a new trial.</p> <p>3. Error will not always reverse. Even though evidence not strictly admissible is introduced, yet if the court can see that such evidence could not have misled the jury, and that their verdict is right, independent of such evidence, the judgment will not be reversed.</p>

Judges: Walker

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