Doane

After a verdict in favor of plaintiff against Northern Transportation Company and Andrew C. Mumler, Jr., for $32,250 for injuries sustained when plaintiff’s automobile, driven by him, ran into the rear of a trailer attached to a truck belonging to the company and operated by Mumler, the court denied defendants’ motions for a directed verdict and for judgment notwithstanding the verdict, but upon defendants’ motion for new trial ordered judgment notwithstanding the vérdiet in favor of the defendants, under the provisions of section 639 of the Code of Civil Procedure. Plaintiff appeals. Our sole question is to determine whether the judgment originally entered upon the verdict was sustained by the evidence, and in this determination we must weigh the evidence and all reasonable inferences deducible therefrom in the light most favorable to plaintiff.

The collision occurred on the highway leading north across the desert from Mojave about 5% miles from Mojave and around 10 o’clock at night. Defendant Mumler was driving a Diesel truck and trailer; he had installed a new oil pump at Mojave' and when he observed that the oil gauge was not showing any pressure he shut off'the motor and…