#### Thomas Skruzewski, Appellee, v. Andrew Rybarezyk, Appellant.

Gen. No. 23,446.

(Not to be reported in full.)

Abstract of the Decision.

L Appeal and erbob, § 1414 * —trial judge as better judge of credibility of witnesses. The trial judge who sees the witnesses and hears their testimony Is a better judge in all matters of testimonial credibility than the Appellate Court.

2. Evidence, § 476*—■how preponderance determined. The preponderance of evidence is not necessarily to be determined by the number of witnesses.

3. Trial, § 285*—when denial of argument not error. In a trial before the court without a jury, involving a simple matter of fact, the denial of argument does not constitute a breach of discretion.

Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed April 3, 1918.

Rehearing denied April 27, 1918.-

Statement of the Case.

Action in assumpsit by Thomas Skruzewsld, plaintiff, against Andrew Rybarezyk, defendant, to recover for labor as a farm hand. From a judgment for plaintiff for $183, defendant appeals.

William Sherman Stahl, for appellant.

Mbdard A. Kunz, for appellee.

*

See Illinois Notes Digest, Vote. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Taylor

delivered the opinion of the court