Hendricks v. Pappas

As shown by the citation in their opening brief of Bayley v. Souza, 55 Cal.App.2d 776 [131 P.2d 584], defendants are aware of the rule that binds this court on an appeal from an order granting a new trial where granted, as here, on the insufficiency of the evidence. “The law is well settled that where there is a substantial conflict in the evidence upon disputed issues which are material to the determination of the question of liability, the trial court may exercise its powers to set aside the verdict of a jury and order a new trial; and that under such circumstances its order will not be…