Fleming v. Ambulance Co.

On Petition eoe Reheaeing

(64 P. (2d) 519)

BEAN, C. J.

Defendant has filed an urgent petition for a rehearing. There is some confusion in regard to the record. In our references to the facts in the case it was intended to state what the testimony tended to show, or, what is the same thing, what the jury was warranted in finding, and not to find the facts. There can be no question but that the jury is the judge of the facts in the case and the credibility of all the witnesses. We may not have prefaced each paragraph of our former memorandum with the statement that “the testimony tends to show”.…