Compton

This is an appeal from an order purporting to grant a new trial after a previous order had been duly made and entered denying plaintiff’s motion for a new trial. The appeal is presented to this court upon a bill of exceptions. It is contended the court was without jurisdiction to change its original order denying a new trial.

The plaintiff lost a hand in operating a drag-line excavating machine. In a suit for damages the complaint alleged that the injury was sustained through the negligence of the defendant Hildebrand, who was engaged in demonstrating the machine as the agent of the appellant Northwest Engineering Company and of the co-defendant Collins-Kay Machinery Company. The cause was tried with a jury. Separate verdicts were rendered. It was held that plaintiff was entitled to take nothing from the appellant Northwestern Engineering Company. The plaintiff was, however, awarded a verdict of $25,000 against the remaining defendants, Collins-Kay Machinery Company and Hildebrand. A judgment was entered accordingly on February 16, 1928. In due time the plaintiff served and filed upon the defendant Northwest Engineering Company a notice of intention to move for a new trial. This…