Weaver

Plaintiffs sought damages for the death of Lincoln Weaver, deceased, alleged to have been caused by the negligence of defendants. Deceased was employed in a filling station owned by his employer, the Pacific Gas and Electric Company, and his death resulted from a gasoline explosion on the premises of his employer while defendants were making a delivery of gasoline thereto. Notice of the pendency of this action was given to the employer under section 26 of the Workmen’s Compensation, Insurance and Safety Act. The jury returned a verdict in favor of plaintiffs in the sum of $35,000. Defendants made a motion for new trial, which motion was granted in general terms without specifying the grounds upon which it was granted. From the order granting the new trial, plaintiffs appeal.

At the outset we may state that appellants’ opening brief is inadequate to show error in the order granting the new trial. It is well settled that upon an appeal from an order granting a new trial, the presumption is.in favor of the order and against the verdict (Wulbern v. Gilroy Express, 116 Cal. App. 222 [ 2 Pac. (2d) 508 ]; Scott v. Southern Pac. Co., 100 Cal. App. 634 [ 280 Pac. 996 ]; Roberts v.…