* * * When there is a total defect of evidence as to any essential fact, or a spark, - a "scintilla," as it is termed, - the case should be withdrawn from the consideration of the jury.' * * * The settled rule is that if there is any substantial evidence to support the verdict of a jury, this court cannot disturb it, although we might think that it was clearly against the preponderance of the evidence, and, if we had to decide the facts, would decide differently. To take from them this right is but usurping a power not given. The law has constituted them the proper tribunal for the determination of such questions. The credibility of the witnesses, the strength of their testimony, its tendency, and the proper weight to be given it are matters peculiarly within their province. It is not only their privilege, but their right, to judge of the sufficiency of the evidence introduced, to establish any one or more facts in the case on trial. "`Under our system of jurisprudence it is the province of the jury to pass upon the facts. Both of these eyewitnesses were positive in their testimony that the accident occurred by reason of plaintiff Howell's driving his pickup truck sharply to the left without any warning or signal whatsoever. When he alighted he could not see Howell through the window but saw him only after he had opened the door of Howell's truck. Defense witness Shaffer additionally testified that it was a cold morning and the left window of the pickup truck was frosted over. The right portion of the Drake truck struck the pickup truck on the left front door causing its damage and the injuries to plaintiff Howell. Both Wall and Glenn Shaffer, who occupied the cab of the Drake truck, testified that as they were passing plaintiff at a point approximately across the highway from his garage, plaintiff pulled slightly off the right-hand side of the highway and then without any signal whatsoever turned to the left directly in front of the Drake truck, making the collision imminent. Wall sounded his horn after having turned on the left directional light to disclose his intention to anyone approaching from the rear. A Celebration of Life will follow at 6:30 pm Monday at White Auditorium. A visitation will take place at 6:30 pm Sunday at Twelfth Avenue Baptist Church. After following the plaintiff's pickup truck for a distance, Wall, according to his testimony, decided to pass Howell's pickup truck and was proceeding into the left lane for that purpose. Services have been announced for Allison Hess, the Emporia High sophomore who passed away last week. Howell operated a Dairy Queen and a garage and filling station, both located on Highway 67 and some few hundred yards apart. Internal applications, then our B2B based Bizapedia Pro API™ might be the answer for you.On the morning of November 2, 1966, Drake's truck was being operated by its employee August Wall through Gurdon at approximately thirty-five miles per hour when plaintiff Howell drove his pickup truck onto the highway in front of the Drake truck, proceeding in the same direction. If you are looking for something more than a web based search utility and need to automate company and officer searches from within your WHAT'S INCLUDED IN THE ADVANCED SEARCH FORM? Utilize our advanced search form to filter the search results by Company Name, City, State, Postal Code, Filing Jurisdiction, Entity Type, Registered Agent,įile Number, Filing Status, and Business Category. While logged in and authenticated, you will not be asked to solve any complicated Recaptcha V2 challenges. In addition, all pages on Bizapedia will be served to you completely ad freeĪnd you will be granted access to view every profile in its entirety, even if the company chooses to hide the private information on their profile from the general public. Learn more about what it means to be Certified Shop. Repair Shops / Pennsylvania / Mechanicsburg / Hess Garage, Inc. Your entire office will be able to use your search subscription. Uncertified Auto Repair Shop in Mechanicsburg.
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