Jones v. Heinrich

STEEL, J. pro tem.

This is an appeal by the defendant from an order granting plaintiffs’ motion for a new trial after judgment entered, upon the verdict of the jury, in favor of the defendant.

The order granting a new trial was general in form and did not specify insufficiency of the evidence as one of the grounds upon which it was based (Code of Civil Procedure, section 657) therefore we will limit our consideration to the errors in law alleged to have been committed by the trial court in granting the motion.

While appellant urged that the evidence shows contributory negligence upon the part of…