New Trial—Power op Court to Set Aside Verdict Sua Sponte— Construction op Code.—Under section 662 of the Code of Civil Procedure, authorizing the court to set aside the verdict of the 'jury and to grant a new trial of its own motion, where there has been “a plain disregard by the jury of the instructions of the court or the evidence in the case,” the rule can only apply where the jury plainly, palpably, and grossly disregarded the instructions or the evidence in the ease.

Id.—Improper Order.—An order of the court sua sponte setting aside the verdict merely on the ground stated, that “the verdict is in violation of the instructions and contrary to the evidence,” without any showing of a “plain disregard of the instructions, or of the evidence,” or that the verdict was rendered “under the influence of passion or prejudice,” is improper, and must be reversed where it is not plain and obvious that the jury disregarded any instruction, but it appears that there was sufficient evidence to entitle the jury to pass upon the question submitted to it.

Id.—Conditional Instruction not Disregarded.—An instruction to the jury that if they believe from the evidence that certain facts exist they should find a certain way is not a positive instruction to find that way; and in any case where the court leaves the jury a free agent to find a fact one way or the other, the jury do not palpably disregard the instructions of the court, within the meaning of section 662, by their verdict either way.

Id.—Appeal prom Order Setting Aside Verdict—Effect—Reversal. —Where the court made an order merely setting aside the verdict, but not expressly granting a new trial in terms, though such is its ■ legal effect, an appeal may be taken from the order as made, and the appeal will be deemed to have the same legal effect, and to bring up for review the oi;der impliedly granting a new trial. The reversal of such order leaves the verdict to stand as it came from the jury, upon which judgment should be entered, leaving the verdict and judgment to be assailed in a legal manner, as the statute requires.