Chapman

The defendant appeals from a judgment rendered against it in an action for damages which arose from personal injuries which were sustained by plaintiff and which were occasioned by reason of a collision that occurred between a stage operated by the defendant and a truck on which plaintiff was a passenger.

The first point presented by appellant is to the effect that the evidence introduced by plaintiff which tended to show that the accident was the result of the negligence of the defendant not only was in conflict with the evidence adduced by the defendant in that regard, but as well that plaintiff’s evidence was insufficient as a matter of law to sustain the judgment.

It is so universally established that a mere conflict in the substantial evidence presented by the respective parties to an action is an insufficient reason for a reversal of the ensuing judgment that it is deemed wholly unnecessary to cite any authority in support of such doctrine. As to the latter proposition advanced by appellant, it is equally well-settled law that, notwithstanding an apparent conflict between the aggregate of the evidence introduced by the plaintiff and that presented by the defendant, if it…