James

This is an action for damages for personal injuries alleged to have been inflicted upon the plaintiff through the negligence of the defendant.

The cause was tried by a jury, and a verdict returned in favor of the plaintiff in the sum of $15,000.

The defendant appeals from the judgment entered in accordance with the terms of said verdict and from the order denying it a new trial.

A reversal of the judgment and the order is insisted upon because the evidence, it is claimed, is insufficient to justify the verdict, and because of alleged erroneous rulings admitting and rejecting certain testimony and for giving and refusing to give certain instructions.

1. The claim as to the insufficiency of the evidence to support the verdict is founded upon the contention that the testimony of the plaintiff and of the other witnesses testifying in her behalf describing the circumstances under which the accident occurred is inherently improbable. It is, therefore, the position of counsel for the appellant that there is not that conflict in the evidence upon the salient points in the case which would preclude, under our constitutional provision confining the appellate jurisdiction of courts of…