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35 Ill. App. 130

Corcoran v. Poncini

Appellate Court of Illinois

Decided December 24, 1889

Appellate Court of Illinois · decided 1889-12-24

<p>Trespass—Assault and Battery—Damages—.Evidence —Testimony of Child—Criminal Law.</p> <p>1. In an action of trespass, brought for the recovery of damages for injuries suffered by reason of an assault and battery, this court declines, in view of the evidence, to interfere with the verdict for the plaintiff.</p> <p>2. In the case presented it is held: That the refusal to allow a boy ten years old to testify was proper, no statement having been made as to what was expected to be proved by him, and no question having been propounded to him from which the same could be inferred.</p>

Cited by 2 later decisions — most recently May 1966

2 federal appellate ·

Relies on Gaffield v. Scott

Good law ✅— No negative treatment on recordhow we know

Decided 1889-12-24

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Garnett, J.

¶1This is an action of trespass brought by appellee against appellant to recover damages for assault and battery. The jury rendered a verdict for $150 upon which judgment was rendered, and appellant now asks for a reversal. He says the verdict was against the evidence. The plaintiff and her sister testify positively to the striking. The only positive evidence to the contrary is that of the defendant himself. He called four other witnesses of the occurrence, only one of whom testified that she saw the whole transaction and she goes no further than to say that she did not see Corcoran strike the plaintiff. Ho one of the other three stated whether he struck her or not.

¶2We have carefully examined the evidence, and find that a reversal on this ground would not be consistent with the rule that a verdict should remain undisturbed unless it is manifestly against the weight of the evidence.

¶3The refusal of the court to permit Bernard Brady, a boy ten years old, to testify, is another point urged by appellant. The only question put to the proposed witness relates to his belief in God and a future life and his comprehension of the nature of an oath. Ho statement was made by counsel as to what he intended to prove by the witness, and as no question was propounded to him from which it can possibly be inferred that he knew anything of the material facts, the appellant’s case can not be said to have suffered from the ruling. Gaffield v. Scott, 33 Ill. App. 317. No error is perceived in the giving or refusing of instructions. The judgment is affirmed.

¶4Judgment affirmed.

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