Quevedo

Upon the application of petitioner, a writ of review was issued by the Supreme Court and made returnable before this court. It appears that the petitioner brought an action in the respondent court seeking to recover some $30,000 as damages for personal injuries alleged to have been caused by the negligence of the defendants in the action. The answer of the defendants denied negligence on their part and alleged contributory negligence on the part of the plaintiff. A jury returned a verdict in favor of the petitioner in the sum of $4,000 and judgment was entered accordingly. In due course the petitioner filed notice of intention to move “for a new trial of said action on part of the issues only, to-wit: on the issue of damages, upon the following grounds and for the following cause materially affecting the substantial rights of said plaintiff, to-wit: Insufficiency of the evidence to justify the verdict”. It fully appears that no other notice of intention to move for a new trial was given by any of the parties to said action and that no other motion for a new trial was made or attempted to be made. After hearing petitioner’s motion, as thus limited by the notice of intention, the…