Painesville Utopia Theatre Co. v. Lautermilch

ROBINSON, J.

Whenever, froir conflicting- evidence of the same witness or of different witnesses, it becomes necessary to weigh such conflicting evidence to determine wherein the probable truth lies, or from a combination of cricumstances determine an ultimate fact upon the determination of which different minds might reasonably arrive at different conclusions, it is the province of the jury to perform that function. It is reversible error for the court to invade that province of the jury.

(Day, Allen and Matthias, JJ., concur.)