Galway

Action for damages for personal injuries and property damage. This action is the result of a collision between the automobile driven by plaintiff and the one driven by the defendant. The collision occurred at the intersection of the Sacramento highway and Kettleman Lane in San Joaquin County. Plaintiff and defendant were both injured and both cars damaged. Each claims that the other was negligent and both seek damages. The case was tried before a jury and the following verdict returned:

Judgment was regularly entered upon the verdict, and plaintiff, in due time, made a motion for a new trial based upon all the statutory grounds. The court granted a new trial, and in doing so, used this language: “It is hereby ordered that the motion of the plaintiff for a new trial in the above-entitled action be and the same is hereby granted on the grounds of error in law occurring at the trial and excepted to by the plaintiff.” From this order the defendant Guggolz prosecutes this appeal.

The learned trial judge, in granting a new trial, was undoubtedly of the opinion that certain erroneous instructions had been given to the jury, which were prejudicial to the rights of the plaintiff.

Before…