Ruppel

This is an action by the plaintiff, as administratrix of the estate of Conrad Ruppel, deceased, to recover damages, alleged to have been sustained by the heirs of the deceased, by reason of his death, resulting from the alleged negligence of the defendant corporation in the operation of its cars on the public streets of the city of San Francisco.

The jury returned a verdict for defendant. On motion of plaintiff the court below granted a new trial, on the ground that the evidence' does not support the verdict, but shows negligence on the part of the defendant.

This appeal is by defendant from the order.

The judge of the trial court saw the witnesses and heard the evidence while looking at them, and for this reason is much better qualified to judge of their credibility and the value of the evidence than we are. It is the duty of the trial judge, on a motion for a new trial, to exercise his judgment and discretion in reviewing the evidence, and, even though it is conflicting, to grant „a new trial if he does not believe-the verdict is the correct conclusion from all the evidence.. The power of the trial court to so review the evidence is a salutary one, and often prevents great…