Goehring

Plaintiff commenced this action against the two defendants charging them with • joint negligence in the operation of their respective automobiles, resulting in serious injuries to the plaintiff, who at the time was a passenger in the machine driven by the defendant Rogers. The cause was tried before a jury and the plaintiff had a verdict against the defendant Rogers for $13,250. - At the same time the jury rendered a verdict in favor of the other defendant, Frank Stjepovich. The defendant Rogers then moved for a new trial on all the legal grounds, including insufficiency of the evidence, and plaintiff moved for a new trial as to the defendant Stjepovich on errors of law alone. Both motions were granted. The plaintiff then' appealed from the order granting a new trial as to the defendant Rogers and the defendant Stjepovich appealed from the order granting plaintiff a new trial as to him. Both appeals were taken under the provisions of section 953a of the Code of Civil Procedure and by stipulation are presented upon the same record. At this time we will consider the appeal of the plaintiff from the order granting a new trial to Rogers, but will necessarily refer •to the other appeal…