{
  "id": 2555753,
  "name": "Fred Weddemann v. Lewis Lehman",
  "name_abbreviation": "Weddemann v. Lehman",
  "decision_date": "1903-11-09",
  "docket_number": "",
  "first_page": "231",
  "last_page": "232",
  "citations": [
    {
      "type": "official",
      "cite": "111 Ill. App. 231"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 176,
    "char_count": 2790,
    "ocr_confidence": 0.566,
    "sha256": "c6eebbeb84b71e8abec04c6d2998d547d705c39546297beba96a5ddd93f659a6",
    "simhash": "1:dd47367e6a8f8553",
    "word_count": 451
  },
  "last_updated": "2023-07-14T17:54:24.452659+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Fred Weddemann v. Lewis Lehman."
    ],
    "opinions": [
      {
        "text": "Me. Pbesiding Justice Bbown\ndelivered the opinion of the court.\nThis was an action by defendant in error against plaintiff in error to recover damages for personal assault. A trial by jury resulted in a verdict and judgment in favor of defendant in error for five hundred dollars.\nThe testimony of a large number of witnesses tended to show that no assault was-committed by plaintiff in error, arid that defendant in error was guilty of a technical assault upon plaintiff in error. While we are not inclined to reverse the judgment upon the merits, the record presents such a state of facts as made it the duty of the trial court to accurately instruct the jury.\nThe following instruction was given at the request of defendant in error, -who was the plaintiff in the court below:\n\u201c The court instructs you that the testimony of one credible witness may be entitled to more weight than the testimony of ^nany others, if, as to those other witnesses, you have reason to believe, and do believe, from the evidence and all the facts before you, that such other witnesses have knowingly testified untruthfully, and are not corroborated by other credible witnesses, or by circumstances proved in the case.\u201d\nThis instruction erroneously told the jury that they might disregard the testimony of a witness who had knowingly testified untruthfully, without regard to the fact as to whether the testimony related to a material issue in the case. It is also erroneous in requiring the corroboration, from oral testimony, to come from a plurality of witnesses. The testimony, of one corroborating credible witness might be sufficient to meet the legal requirements, if the testimony of that witness was of sufficient probative force in the estimation of the jury. Testimony should be weighed, not counted.\nFor the error in giving the foregoing instruction, the judgment of the Circuit Court will be reversed and the cause remanded.\nReversed, and, remanded.",
        "type": "majority",
        "author": "Me. Pbesiding Justice Bbown"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Fred Weddemann v. Lewis Lehman.\n1. Instructions\u2014credibility of toitnesses. An instruction is erroneous which tells the jury that they may disregard the testimony of witnesses who have knowingly testified falsely, regardless of whether or not such false testimony related to a material issue in the case.\n2. Instructions\u2014credibility of witnesses. An instruction is erroneous which tells the jury that they may disregard the testimony of witnesses who have knowingly testified untruthfully unless such witnesses are \u201c corroborated by other credible witnesses.\u201d Corroboration by a single witness might be sufficient.\nAction to recover damages for assault. Error to the Circuit Court of Vermilion County; the Hon. Morton W. Thompson, Judge, presiding. Heard in this court at the May term, 1903.\nReversed and remanded.\nOpinion filed November 9, 1903."
  },
  "file_name": "0231-01",
  "first_page_order": 249,
  "last_page_order": 250
}