Ramsay

This is an appeal from an order granting the defendant’s motion for a new trial after verdict and judgment for plaintiffs.

The action was brought by the widow and children of one1 Adam Ramsay to recover damages for his death, which it is alleged was caused by the negligent operation by defendant of an elevator in a building owned by it, and in which the deceased was employed by a company having offices therein. Ramsay was sixty years of age and received a salary of $250 a month. The jury rendered a verdict for the plaintiffs in the sum of twenty-five thousand dollars. The trial court set this; verdict aside upon the ground of the insufficiency of the evidence to support it, and plaintiff appeals from this order.

[1] The granting of a new trial depends upon the legal discretion of the court, guided by the circumstances of the case. The motion is addressed to the sound discretion of the trial court, and when that discretion has not been abused, the order upon the motion will not be disturbed. We have carefully examined the record, and we fail to find any abuse of discretion in the granting of the order.

The only witness to the accident was the operator of the elevator, and his…