Summary
In Mirich v. Forschner Contracting Co. 312 Ill. 343, this court held that when a case is tried by jury the court has no power to determine the weight and preponderance of conflicting testimony offered to establish or disprove the facts, and that the assumption of such power by the court would violate the constitutional right of trial by jury.
Summary of this case from New York Central R.R. Co. v. KinsellaOpinion
Gen. No. 26,391.
Opinion filed December 16, 1924.
Action for personal injuries. Judgment for plaintiff. (See 222 Ill. App. 635.)
Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1920.
Pomeroy Martin, for appellant. Chas. C. Spencer and Frank A. Rockhold, for appellee.
Reversed and remanded.