delivered the opinion of the court
Skruzewski v. Rybarezyk, 210 Ill. App. 180 (1918)
April 3, 1918
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Illinois Appellate Court
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Gen. No. 23,446
210 Ill. App. 180
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.