Perry v. Fowler

HANSON, J. pro tem.

The sole question presented by this appeal from an order granting a new trial, on the ground of the insufficiency of the evidence to sustain the verdict, is whether the court abused its discretion in view of the fact that a prior jury had reached the same conclusion on substantially similar evidence.

The verdict of the jury in favor of the defendants on the first trial was set aside by the trial judge on two grounds: First, that the verdict was not sustained by the evidence and, secondly, because of error of law on the part of the court. On appeal this court (86 Cal.App.2d…