Opinion
No. 14,673.
Decided January 20, 1941.
An action for damages resulting from an automobile accident. Judgment for plaintiff.
Affirmed.
1. APPEAL AND ERROR — Conflicting Evidence. A jury verdict based upon conflicting evidence will not be disturbed on review.
Error to the District Court of Rio Grande County, Hon. John I. Palmer, Judge.
Mr. EDWARD L. WOOD, Mr. PIERPONT FULLER, JR., for plaintiff in error.
Mr. CHARLES H. ALLEN, for defendant in error.
AT the oral argument in this case the sole question relied upon by plaintiff in error was the insufficiency of the evidence to sustain the verdict of the jury. After a careful study of the record, we are of the opinion that it contains some conflicting evidence on material issues. While the evidence of plaintiff in error may seem to us to be more consistent with the physical facts, yet, in view of the verdict, based upon conflict, we are not disposed to invade the province of the jury and disturb its verdict.
Judgment affirmed.