McFarland

Plaintiff commenced two actions for damages for personal injuries. One, against the City and County of San Francisco, arises from a streetcar-auto accident in 1961. The other, against defendant Walter Booker, involves a wholly separate two-automobile collision in 1962, approximately nine months after the streetcar accident.

Upon plaintiff’s motion pursuant to section 1048, Code of Civil Procedure, the two actions were consolidated in July 1963. In the single trial of the consolidated actions in June 1964, the jury returned a verdict for plaintiff for $5,000 in her action against the City and County, and in the Booker action a verdict against her and in favor of defendant Booker. Judgment was entered in both actions accordingly.

In the City and County action, defendant moved for a new trial upon all statutory grounds. The motion was granted upon the stated grounds of insufficiency of the evidence to support the verdict, and excessive damages. Plaintiff appeals from the order granting a new trial.

In the Booker action, plaintiff moved for a new trial upon the several grounds specified in section 657, subdivisions 1, 6 and 7, Code of Civil Procedure. Her motion was denied, and she…