Drathman

This is an action against the defendants to recover damages suffered by the plaintiff from the alleged negligence of the defendants. Answers were filed, and the ease tried by a jury, resulting in a verdict in favor of the plaintiff, whereupon the defendants moved for a new trial, upon several grounds, among which was that of the insufficiency of the evidence to justify the verdict. The court granted the motion upon that ground alone, and from the order granting the motion the plaintiff appeals.

In the granting of new trials, the trial court has much dis cretion in considering whether or not the evidence justifies the verdict. Its duty is to grant the new trial whenever, upon the whole case, it believes that injustice has been done in that respect. Upon considering the evidence, as set forth in the transcript, we cannot say that the court erred in holding that the verdict in this case was not justified by the evidence.

The plaintiff, however, claims that the specifications of insufficiency of the evidence contained in the statement on motion for a new trial are not sufficient to present the question. The charge in the complaint against the defendants was, that they were engaged…