Kramm

The action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendant. There have been three trials of the case, in the first of which a jury found a verdict for plaintiff, which was set aside and a new trial granted by the trial judge; in the second á motion for a nonsuit was granted and the order was reversed by this court (Kramm v. Stockton Elec. R. R. Co., 3 Cal. App. 606 , [ 86 Pac. 738, 903 ]); in the last trial a jury again found a verdict for plaintiff and the trial judge set aside this verdict and granted the motion for a new trial, and from this order the appeal is taken.

It is admitted that the evidence was virtually the same at all these trials, the defendant calling no witnesses, but relying upon the testimony of the witnesses for plaintiff. This evidence was reviewed at considerable length by this court in said appeal, and it was therein said, through Presiding Justice Chipman: “To our minds it is quite obvious that there was sufficient evidence in support' of plaintiff’s case to require that it be passed upon by the jury. . . . Without further noticing the evidence or further comment, in our…