Follett

Appellants are the children and widow of Leonard P. Follett, who was killed in a collision with an automobile belonging to L. J. Hayes and driven by W. D. Brown, on Third Street in the city of San Bernardino at about 6 o’clock in the afternoon of December 24, 1928. The case was tried before a jury, which returned a verdict in favor of appellants in the sum of $5,000.

Respondents made a. motion for a new trial upon the following grounds: “1. Excessive damages, appearing to have been given under the influence of passion or prejudice. 2. Insufficiency of the evidence to justify the verdict. 3. Insufficiency of the evidence to justify the judgment. 4. That the verdict is against law. 5. That the judgment is against law. 6. Errors in law occurring at the trial, and excepted to by the said defendants.” The order granting the motion for new trial appears in the record as follows: “Motion to vacate and set aside the verdict of the jury and grant a new trial herein, and heretofore submitted, is at this time granted. ’ ’

Appellants’ opening brief contains 118 pages with a 26-page supplement. The first 111 pages contain long quotations from the evidence and brief comments by counsel. The…