Nielsen

This is an appeal from a judgment rendered in favor of the above-named Anna M. Nielsen, now deceased, but'alive at the time of the rendition of judgment. The judgment was rendered in favor of the original plaintiff herein against the defendant for the sum of twenty thousand dollars, by reason of injuries sustained by her through negligence of the defendant. The substitution of the executors, as such, has been regularly made herein.

There is substantial conflict in the evidence. But even if the greater weight of the evidence is on the side of the defendant there is sufficient evidence to sustain the verdict of the jury, and this court cannot substitute its opinion of the facts for that of the jury. It is claimed by the appellant that that portion of the evidence which sustains the judgment is inherently improbable. After an examination of the entire case we cannot say that this is so, nor can we say the amount of the verdict is excessive.

Concerning the court’s instructions to the jury, appellant contends that two of the instructions given, relating to the assessment of damages, informed the jury that with respect to certain elements of damage they might fix the amount to be…