Hutchison

Adohr Farms Company, a partnership, and Ernest C. Elliott, defendants in the above named consolidated actions, appeal from orders made therein granting plaintiffs a new trial. The motions for new trial were granted upon the specific ground of insufficiency of the evidence to sustain the verdicts returned in favor of defendants.

The basic question on appeal is whether there is sufficient evidence of negligence on the part of defendants having a proximate causal connection with the injury or damage complained of by plaintiffs to warrant the granting of the new trial.

As recently stated in Yarrow v. State, 53 Cal.2d 427, 434 [ 2 Cal.Rptr. 137 , 348 P.2d 687 ] : “The rules on appeal from an order granting a new trial are well settled. All presumptions favor the order as against the verdict and the order will be affirmed if it may be sustained on any ground, although the reviewing court might have ruled differently in the first instance. [Citations.] Appellate review is not limited to the ground stated in the lower court’s order [citations] with the exception of the ground of insufficiency of the evidence. If the order does not specify that it is granted on this ground, it must be…