Moffitt

This is an appeal by all defendants from an order granting a motion for.new trial.

The case was set for trial before a jury. After the jury had been impaneled and sworn counsel for plaintiff made an opening statement, at the conclusion of which defendants, through their respective attorneys, moved for nonsuit upon the ground that the statement made did not show any negligence on the part of defendants. The motion was argued to some extent and counsel for plaintiff given permission to add to the original statement, after which the motion was renewed and finally granted. Motion for new trial was then made by plaintiff and granted upon the grounds (1) that the decision theretofore made was against law and (2) errors in law at the trial, excepted to by plaintiff. From this order the appeal before us was taken.

It appears that plaintiff fell and was injured while leaving an exhibit of the new Ford automobile, alleged to have been put on by defendants. We quote from the opening statement: “We expect that the evidence will show that all the Ford dealers in Los Angeles County joined together with the Ford Motor Company for the purpose of holding this Ford show and exhibiting the new…