Peri

This is an appeal by defendants from an order granting plaintiff’s motion for a new trial upon the ground that the amount of damages awarded by the jury was inadequate to compensate plaintiff for the personal injuries sustained by him in a collision which took place on the highway in Marin County between a motorcycle operated by plaintiff and an automobile driven by the defendant Lester D. Gulley. The verdict was for $2,500.

As to the law it is well settled that in actions such as this, where a plaintiff is seeking damages for personal injuries, if the trial court is of the opinion that under the evidence the amount awarded by the jury is not legally adequate or commensurate with the extent of injury received, it may grant a new trial upon- the ground that the evidence does not justify the verdict, and that it is against law; also that in passing upon the validity of such an order the reviewing court is to be governed by the same rules prevailing in cases where the new trial is granted at the behest of the defendant. (Taylor v. Northern Electric R. Co., 26 Cal. App. 765 [ 148 Pac. 543 ]; Phillips v. Lyon, 109 Cal. App. 264 [ 292 Pac. 711 ].) Therefore, in the present case, unless…