California, United States of America
The following excerpt is from Figlia v. Wisner, 150 Cal.App.2d 109, 309 P.2d 832 (Cal. App. 1957):
In Shoemake v. Wilsey, 43 Cal.2d 686, 277 P.2d 17, the plaintiff said he observed the defendant's car all of the time. There was conflicting evidence as to whether the plaintiff had run in front of the defendant's vehicle. The jury found for the defendant. Here, there is also some conflict in the evidence as to whether the plaintiff was proceeding at a normal or fast pace.
A conflict on the evidence resolved by the jury in the defendant's favor cannot be considered on appeal.
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