Boynton

“Even though a court might be justified in granting a new trial it would not be justified in directing a verdict on the same evidence. (Estate of Caspar, 172 Cal. 147 [ 155 Pac. 631 ].) The power of the court in passing upon such motions is strictly limited. It has no power to weigh the evidence, but is bound to view it in the most favorable light in support of the verdict. The right of a court to direct a verdict is the same as the right of a court to grant a nonsuit. This can be done only when, disregarding conflicting evidence and giving plaintiffs’ evidence all the value to which it is legally entitled, including every legitimate inference which may be drawn therefrom, the result is á determination that there is no evidence of suffi cient substantiality to support a verdict in favor of plaintiff if such verdict were given.” (Hunt v. United States Bank & Trust Co., (1930) 210 Cal. 108, 117 [ 291 Pac. 184, 188 ].) Applying the test thus prescribed to the evidence before the trial court, we are persuaded that the motion for a directed verdict should not have been granted.

Plaintiff sought to recover damages growing out of the collision of his automobile with the trailer attached…