Kalinski v. Williamson County Coal Co.

Appellate Court of Illinois

Kalinski v. Williamson County Coal Co.

183 Ill. App. 541

DecidedOctober 9, 1913

StatusPublished

This text of 183 Ill. App. 541 (Kalinski v. Williamson County Coal Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kalinski v. Williamson County Coal Co., 183 Ill. App. 541 (Ill. Ct. App. 1913).

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Opinion

Mr. Justice Higbee

delivered the opinion of the court.

8. Instructions, § 95*—when instruction as to credibility of witnesses not objectionable as allowing unlimited latitude. Instruction telling the jury to give the testimony of witnesses “such weight and credit as they think the same justly entitled to receive,” held not objectionable as allowing jury unlimited latitude in judging of credibility of witnesses and not requiring them to base their judgment on the evidence, where the instruction distinctly tells them that they must fairly and impartially weigh and consider all the evidence and circumstances in proof. 9. Negligence, § 213*—when instruction not misleading. Instruction that question of negligence of defendant and due care on part of deceased are to be determined from the evidence, held not misleading because it does not inform the jury of the law applicable to the case where the theories of the law applicable are given in other instructions.

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Mr. Justice Higbee

delivered the opinion of the court.

8. Instructions, § 95*—when instruction as to credibility of witnesses not objectionable as allowing unlimited latitude. Instruction telling the jury to give the testimony of witnesses “such weight and credit as they think the same justly entitled to receive,” held not objectionable as allowing jury unlimited latitude in judging of credibility of witnesses and not requiring them to base their judgment on the evidence, where the instruction distinctly tells them that they must fairly and impartially weigh and consider all the evidence and circumstances in proof. 9. Negligence, § 213*—when instruction not misleading. Instruction that question of negligence of defendant and due care on part of deceased are to be determined from the evidence, held not misleading because it does not inform the jury of the law applicable to the case where the theories of the law applicable are given in other instructions.

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Bluebook (online)

183 Ill. App. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalinski-v-williamson-county-coal-co-illappct-1913.