Northrup

-Plaintiff Jennie Northrup was struck and severely injured by an automobile driven by defendant M. M. Cohn, and this is an action for damages on account thereof. The parties named will be referred to herein as the plaintiff and the defendant, respectively. The jury a verdict in favor of the plaintiff and judgment was entered thereon in her favor. In due time the defendant gave notice of intention to move for a new trial on many specified grounds, including that of “insufficiency of the evidence to justify the verdict.” The court granted the motion “upon all the grounds stated in the notice of intention to move for a new trial.” This appeal is from the order granting the motion.

Where there is a substantial conflict in the evidence, the determination of the trial court that the verdict is against the weight of the evidence is conclusive on appeal. (Rosenberg v. Moore, 194 Cal. 392, 396 [ 229 Pac. 34 ].) In this case the evidence is in substantial conflict and, therefore, no ground for a new trial need be considered except that of the insufficiency of the evidence.

At the time of the accident the defendant was traveling north along the east side of Moneta Avenue in Los Angeles.…