Clohan

J.—This was an action by the plaintiff against the defendant on account of the alleged negligence of the defendant in driving his automobile against the plaintiff on or about June 30, 1914, at or near the intersection of West Twelfth Street and Flower Street in the city of Los Angeles; whereby the plaintiff received personal injuries. In answer to special interrogatories, the jury found that immediately preceding the collision the defendant was operating his automobile at the rate of twenty-five miles per hour, and that in the judgment of the jury such rate of speed was not negligent. A general verdict was rendered in favor of the defendant, who now appeals from an order granting a new trial.

One of the grounds upon which the motion for new trial was based was that the evidence is insufficient to justify the verdict of the jury that the defendant was free from negligence. Appellant contends that the verdict of the jury in his favor was so clearly in accord with the evidence that there was an abuse of discretion in the trial court in granting a new trial. This raises the only question in the case on this appeal.

[1] “ Where the evidence is such that, it would have sufficiently…