Dolan

This is an appeal from an order of the trial court, made in conformity to the direction of this court in Jackson v. Dolan, 58 Cal. App. 372 [ 208 Pac. 315 ], correcting the minutes of the trial court so as to show the true date of an order granting a new trial to defendant and appellant Ashe.

The action in which the new trial was granted was one instituted by plaintiff Jackson to recover damages for personal injuries sustained by him which were alleged to have been caused through the negligent operation of an automobile. The case was tried by a jury, and a verdict in the sum of four thousand dollars was rendered in favor of plaintiff, and judgment was entered thereon on December 15, 1920. Thereafter, on the seventeenth day of December, defendants made a motion for a new trial, and the motion was taken under advisement by the court. This,motion was grounded upon excessive damages claimed to have been given under the influence of passion and prejudice; insufficiency of the evidence; that the verdict was against law, and errors of law occurring at the trial. No action was had thereon until December 31, 1920, when the minutes of the court show that the motion was granted as to…