Pope v. Wenisch

Plaintiffs brought an action against defendant for damages resulting from an automobile collision. After a judgment in favor of defendant on a trial by jury, a new trial was granted. The defendant appeals from the order granting the new trial.

The order read “Motion for new trial granted.” It will, therefore, be presumed that it was not based upon the ground of the insufficiency of the evidence. (Code Civ. Proc., sec. 657.) In support of the trial court’s order granting the new trial respondents rely upon error in the instructions to the jury.

Appellant’s first contention is that the new trial…