Mangino

This is an appeal from an order granting a new trial, after a verdict of a jury-in favor of defendant. The action is one for damages for personal injuries resulting from an automobile accident.

The order granting the new trial reads in part as follows: “The motion for a new trial in behalf of plaintiffs in the above-entitled case, coming on regularly to be heard, and said motion having been submitted to the court for decision, and the court having very carefully considered the points urged by counsel, and having a clear recollection of the con-, duct of the trial, now orders that said motion be, and the same is, hereby granted. On the question of the sufficiency of the evidence, the court finds that the evidence was sufficient to warrant a verdict in favor of either party.”

The insufficiency of the evidence cannot be urged in support of the order, because it is not specified in the order as one of the grounds therefor. (Sec. 657, Code Civ. Proc.; Murphy v. Zwieg, 100 Cal. App. 266 [ 279 Pac. 1062 ].) The sole question is whether the trial court abused its discretion in granting plaintiffs’ motion for a new trial.

Plaintiffs predicated their motion for a new trial upon…