Bjorman

This is an appeal from an order granting the defendant’s motion for a new trial.

The action was brought to recover damages for an injury to plaintiff, resulting in the loss of his right leg, and alleged to have been caused by the negligence and gross carelessness of the defendant. The answer denied all the averments as to negligence and carelessness on the part of defendant, and alleged that the injury to plaintiff was caused by the negligence and carelessness oí his fellow-servant.

The case was tried by a jury, and a verdict returned in favor of plaintiff for seven thousand dollars, on which judgment was entered.

The defendant moved for a new trial upon a ground, among others, that the evidence was insufficient to justify the verdict, and on this ground alone, as appears from the order, the motion was granted.

It is earnestly -contended by counsel for appellant that *501 the verdict was sustained by a clear preponderance of the evidence, and hence that it was error to set it aside.

But the rule is well settled in this court, that, though the evidence is conflicting, if the judge of the trial court is satisfied that the verdict is contrary to the weight of the evidence, it is…