Brown v. Reliable Iron Foundry, Inc.

This is an appeal from an order granting defendant’s motion for a new trial in a personal injury-action resulting in a verdict for plaintiffs. Respondent filed no brief, and the matter has been submitted upon the record and appellant’s opening brief (rule 17(b), Rules on Appeal.) In such a case this court may assume the burden of reviewing the record. Unless there is absent any evidence which would support a judgment in favor of the moving party (Hawk v. City of Newport Beach, 46 Cal.2d 213, 219 [293 P.2d 48]), it becomes our duty to affirm.

The claims of Eddie, the minor plaintiff, and…