Bogan

In this action, plaintiff claims damages of defendants for personal injuries suffered by her as a result of a collision between the automobile of defendant J. E. White and that of defendant H. Bahr. A jury returned its verdict against plaintiff, and in favor of both defendants, and judgment on the verdict was entered accordingly. Plaintiff moved for a new trial on all the statutory grounds except, of course, excessive damages, and on May 19, 1933, an order was entered “granting the motion of plaintiff for a new trial upon the grounds among others of the insufficiency of the evidence to support the verdict and judgment”. From this order the defendant J. E. White alone has appealed.

The granting or denial of a new trial is a matter resting so largely in the discretion of the trial court that it will not be disturbed except upon a manifest and unmistakable abuse. (2 Cal. Jur., p. 905.)

In Dow v. Southern Pac. Co., 118 Cal. App. 196 [ 4 Pac. (2d) 786 ], this court said:

The record shows that the accident out of which this action arises occurred at about 8 o’clock on the evening of November 26, 1932, at the intersection of California and Channel Streets in the city of Stockton.…