Opp

In these cases, the appeals are from an order granting motions for new trial. We conclude that the conclusive presumption, established by Code of Civil Procedure, section 657, that the order was not granted on the ground of insufficiency of the evidence to justify the verdict, applies.

The other ground of the motions,1 ‘ that the verdict is against the law” does not support the order. It follows that the order must be reversed.

These are consolidated actions for personal injuries sustained by respondent driver and passenger (plaintiffs) in a rear-end collision, in which the jury returned a verdict for appellant (defendant). Respondents each moved for a new trial upon the grounds of “1. Insufficiency of the evidence to justify the verdict; 2. That the verdict is against the law.” The bare content of the minutes as to the disposition of the motions, entered on May 11, 1959, read: “Bardin & Cunningham, by Niles Cunningham, counsel for plaintiffs, and Garth V. Lacey, counsel for defendants, are present in Court. Plaintiffs move the Court for new trials in each of the above actions. Argument is made by respective counsel and the motions are granted.”

The appeal was taken on May 14,…