
    PAINESVILLE UTOPIA THEATRE CO. v. LAUTERMILCH.
    Ohio Supreme Court.
    No. 20423.
    Decided Feb. 29, 1928.
    Error to Lake Appeals.
    Judgment affirmed.
    480. EVIDENCE — 683. Jury to Determine Facts — 465. Error for Court to invade province of.
    Whenever it becomes necessary to weigh conflicting evidence, to determine truth, or determine an ultimate fact as to which different minds might differ, it is function of jury to decide, and reversible error for the court to invade its province.
   ROBINSON, J.

Whenever, froir conflicting- evidence of the same witness or of different witnesses, it becomes necessary to weigh such conflicting evidence to determine wherein the probable truth lies, or from a combination of cricumstances determine an ultimate fact upon the determination of which different minds might reasonably arrive at different conclusions, it is the province of the jury to perform that function. It is reversible error for the court to invade that province of the jury.

(Day, Allen and Matthias, JJ., concur.)  