Grover v. Sharp & Fellows Contracting Co.

This is an action by plaintiff to recover damages for the death of James M. Roe, her minor son, in a collision between a flat car and an automobile, owned by Roe, in which he was riding. The automobile was being driven by John Wolbert. The jury returned a verdict in favor of plaintiff and the trial court granted a motion for new trial on “the ground that the evidence is insufficient to justify the verdict.” Plaintiff has appealed from this order.

It is thoroughly settled in California that a trial judge in passing on a motion for new trial is not bound by conflicts in the evidence; that in…