EVIDENCE, § 794 — when plaintiff fails to make out case by preponderance of evidence. In action for wages, where testimony of plaintiff and defendant was in direct conflict, and record did not disclose any corroborating circumstances favoring either party, held that affirmative statement by one witness, met by flat categorical denial by another witness of equal credibility, does not meet elementary requirement of law that plaintiff must make out his case by preponderance of evidence.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE LEWE.
Not to be published in full. Opinion filed November 7, 1945; released for publication November 27, 1945.