Whitfield v. De Brincat

WARD, J. —

This is an appeal from an order granting plaintiff’s motion for a new trial upon the ground of the insufficiency of the evidence to sustain the verdict in an action for damages for personal injuries resulting from an accident on the Skyline Boulevard in San Mateo County, two former trials in the action having been had.

The question involved may be stated as follows: When a second new trial is granted the same party for insufficiency of the evidence, is a more positive and affirmative duty placed upon an appellate court to apply a more strict rule of review than upon the first appeal…