Hausmann v. Sutter-Street Railway Co.

THE COURT.

This is an appeal by defendant from an order granting a new trial. The action was for personal injuries alleged to have been received by plaintiff while a passenger on defendant’s street-railroad car. The verdict and judgment were for defendant. Plaintiff moved for a new trial upon all the statutory grounds, and it was granted,—the judge granting the motion not being the judge before whom the case had been tried. There were affidavits used on the ground of'newly discovered evidence.

It may be admitted that the ease made out by plaintiff was not a strong one, and that, if the new…