Fox

The verdict and judgment were for plaintiff; on motion of defendant, the court below granted *235 a new trial, and plaintiff appeals from the order granting said motion.

The motion was made upon nearly all the statutory grounds, including insufficiency of the evidence to justify the verdict. The order granting the motion is as follows: “ Defendant’s motion for a new trial granted upon the following grounds, to wit: 1. Court erred in overruling motion for nonsuit, made when plaintiff rested her case, and before any evidence was introduced by defendant; 2. That the court erred in overruling defendant’s motion for nonsuit, made after the evidence was closed, and before said cause was submitted to the jury.”

If the court had merely granted the new trial without stating the grounds upon which it was granted, or if “insufficiency of the evidence to justify the verdict” had been stated as one of the grounds, it is probable that this appeal would never have been taken; for in that event, it could not have been argued with any plausibility that setting aside the verdict for want of evidence was an abuse of discretion. But practically and substantially, the court did grant a new trial on…