Haynes

This is an appeal by defendant, Los Angeles Railway Corporation, from a nunc pro tunc order made by the superior court of Los Angeles County on August 23, 1924, in the above-entitled case.

The record is brought to this court upon a bill of exceptions, and the facts necessary to a correct understanding of the issue involved are these:

The plaintiff, Kathryne Haynes, brought the above-entitled action in the superior court of Los Angeles County to recover damages from the defendant, Los Angeles Railway Corporation, for personal injuries. A trial was had before Honorable Frank R. Willis, Judge, sitting with a jury, and the jury rendered a verdict in favor of the defendant, upon which judgment was duly entered. Thereafter, and on the twenty-sixth day of June, 1923, the plaintiff, Kathryne Haynes, gave notice of her intention to move for a new trial upon all of the statutory grounds mentioned in section 657 of the Code of Civil Procedure, including “Insufficiency of the evidence to justify the verdict.” This motion was brought on regularly for hearing on July 21, 1923, and the court, after hearing the arguments of counsel on both sides, granted the motion for a new trial, and the bill…