
    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  