Kilgore

Plaintiff brought an action in damages against defendants for personal injuries received by reason of an automobile collision, and the jury awarded damages in the sum of $7,815 as against the defendants Brown and Armstrong. ' Robert A. Wiekersham filed a cross-complaint against those named in the title as his co-defendants for personal injuries received in the same accident, and the jury awarded damages to him in the sum of $1,000. Judgment was duly entered upon these verdicts and thereafter a motion for new trial was made by defendants Brown and Armstrong as to each verdict on all of the grounds provided for in section 657 of the Code of Civil Procedure except only subdivision 2, relating to misconduct of the jury, and subdivision 3, relating to accident or surprise. The trial court granted the motion without specification of the ground upon which the order was based. Plaintiff and cross-complainant appeal.

Defendant Brown was the owner and operator of a motor-bus line between the cities of Riverside and Los Angeles, and plaintiff was a passenger for hire in one of the busses at the time of the accident. Defendant Armstrong was in Brown’s employ and was driving the bus at the…