Zwieg

Plaintiffs sued to recover damages for the death of William Murphy, the husband and father of plaintiffs, resulting from an automobile collision. The cause was tried before a jury, which returned a verdict for defendant. Plaintiffs’ motion for a new trial was granted and the defendant appeals from that order upon a typewritten record.

Though the motion for a new trial was made upon all legal grounds the order granting it made no reference to insufficiency of the evidence to support the verdict and we must, therefore, assume that the trial court found the evidence sufficient. (See sec. 657, Code Civ. Proc.) It is apparent from the record that the only ground upon which the motion was granted was the asserted misconduct of the attorney for defendant during his argument to the jury and to determine whether this was sufficient to sustain the order, it will be necessary to refer but briefly to the facts of the case.

The collision occurred at about 4.30 P. M. of the sixth day of April, 1926, at the intersection of Cabrillo Street and the Park-Presidio Drive, in San Francisco. . Murphy was proceeding west on Cabrillo Street, driving a Ford coupe; the defendant was pr.oceeding north on…