Stevens v. Superior Court

THE COURT.

This is an application for a writ of prohibition to restrain the respondent court from proceeding with a new trial pursuant to its order made October 29, 1935, vacating and setting aside a previous order denying the motion for a new trial and granting a new trial on the issue of damages alone.

In an action for damages for personal injuries M. Carpino recovered a judgment of $3,000 against the petitioners, and subsequently moved for a new trial, which motion was denied on October 5, 1935, the order reciting that the motion was made upon several grounds, among them the giving of an…