Baroni v. Rosenberg

PRESTON, J.—

The order granting a new trial, here appealed from by defendant B. Rosenberg, is affirmed. The sole question is whether the trial court abused its discretion in making said order.

Plaintiff predicated his motion for new trial upon practically all of the statutory grounds (sec. 657, Code Civ. Proc.), but urged as the main specifications of error alleged prejudicial misconduct on the part of counsel for said defendant, hereinafter detailed, and that the verdict was against the weight of the evidence. The insufficiency of the evidence cannot be urged in support of the order, however,…