Tumelty

These appeals are taken by the defendants from an order granting, in part, plaintiff’s motion for a new trial.

The plaintiff sued for damages in the sum of twenty-one thousand six hundred dollars alleged to have been suffered through the negligence of both defendants, Peerless Stages and J. H. Asselin. The plaintiff was riding in the automobile of the defendant Asselin, as his guest, with members of his family, when a collision occurred between the Asselin ear, proceeding southerly on the highway near Milpitas, and an autostage of the defendant stage company proceeding northerly. The traffic was heavy on the Sunday afternoon in question, and the stage had turned to its left out of the line of north-bound traffic, the progress of which had become somewhat retarded, and soon after leaving the line the two vehicles collided. The point presented on appeal renders unnecessary a more detailed statement of the occurrence. The jury returned a verdict against both defendants for one thousand dollars. The plaintiff moved for a new trial, which motion was ‘1 granted as to the issues of damage only, on the ground of the insufficiency of the evidence to justify the verdict rendered…