Card

This is an action for damages for personal injuries sustained by the plaintiff on account of being struck and injured by an automobile alleged to have been negligently operated by the defendant. Negligence on the part of the driver of the automobile was conceded, and the sole question for determination of the jury was whether or not the defendant was the driver of the automobile which ran into and injured the plaintiff. The jury found against the defendant and brought in a verdict of $1,025 in favor of the plaintiff. Thereupon the court, on its own motion, ordered judgment in favor of the defendant, notwithstanding the verdict. Thereafter a judgment was entered for the defendant, from which judgment plaintiff has appealed.

The right of the trial court to set aside a verdict and enter a contrary judgment is absolutely the same as its right to grant a nonsuit. (Sec. 629, Code Civ. Proc.; Estate of Caspar, 172 Cal. 147 [ 155 Pac. 631 ]; Per era v. Panama-Pacific Ini. Exp. Co., 179 Cal. 63 [ 175 Pac. 454 ] ; Hunt v. United Bank Trust Co. of California, ante, p. 108 [ 291 Pac. 184 ].) The court should, therefore, grant such a motion when, and only when, disregarding conflicting…