Herman

We first consider procedural questions involved in this appeal. On May 21, 1968, a jury returned a verdict of $47,000 in appel lant’s action for personal injuries. When the verdict was entered, the respondent, at the court’s suggestion, made an oral motion for judgment notwithstanding the verdict and for a new trial. Both motions were granted. On May 24, respondent filed a formal written notice of intention to move (1) for judgment notwithstanding the verdict, and (2) for a new trial. The motions were accompanied by points and authorities, and the hearing on the motions was set for June 18. Meanwhile, on June 10, the court filed a document stating that by reason of Code of Civil Procedure sections 629 and 657 its' order of May 21 may have been prematurely entered, and that the court, therefore, deemed it appropriate to state its reasons for granting the motion for new trial “pursuant to the dictate of 657 of the Code of Civil Procedure.” The court then stated its reasons for having granted the motion for a new trial, which reasons we shall consider later in this opinion.

Respondent’s motions were heard on June 18, the time originally set for such hearing. At the…