50 Wn.2d 224, ETHEL S. WELLIEVER, Appellant, v. ALEXANDER C. MACNULTY et al., Respondents

[No. 33790. Department One.      Supreme Court      May 2, 1957.]

ETHEL S. WELLIEVER, Appellant, v. ALEXANDER C. MACNULTY
                          et al., Respondents.1

[1] TRIAL - PROVINCE OF COURT AND JURY. The jury is the sole judge of the facts.

Appeal from a judgment of the superior court for Spokane county, No. 143957, Kelly, J., entered February 3, 1956, upon the verdict of a jury rendered in favor of the defendants, in an action for personal injuries sustained in an automobile accident. Affirmed.

Cashatt & Williams and James P. Connelly, for appellant.

John D. MacGillivray and Willard W. Jones, for respondents.

PER CURIAM. -

This appeal involves a factual issue. The evidence with reference to it was conflicting. The jury determined the issue in favor of the respondents. The jury is the sole judge of the facts. Arthurs v. National Postal Transport Ass'n, 49 Wn. (2d) 570, 577, 304 P. (2d) 685, and case cited.

The judgment is affirmed.

1 Reported in 310 P. (2d) 531.

[1] See 53 Am. Jur 464.