This is an action for personal injuries received as a result of a collision between a motorcycle on which respondent was riding and a ear driven by appellant. At the conclusion of the trial, the court granted a motion for a new trial on the ground, among others, that the verdict and judgment in favor of appellant were not supported by the evidence.

At- 7:30 p.m. on December 15, 1945, respondent was a passenger on a motorcycle driven by Mr. Perkins, traveling on Vermont Avenue between Sixth and Fourth Streets in the city of Los Angeles. The motorcycle was in a lane near the ear tracks and was going at about 20 to 25 miles per hour. Just before the accident a car driven by Mr. Jacobson, was a short distance ahead and slightly to the right. Behind the motorcycle was a car driven by Mr. Towvim. Both of these cars were traveling at about the same speed as the motorcycle. While these cars were thus proceeding north, the appellant pulled out of a private driveway connected with a service station to make a left turn on Vermont Avenue in front of these cars. Seeing her, Mr. Jacobson puj; on his brakes, swerved to the right 8 or 10 feet, and came to a sudden stop just missing appellant’s car. The driver of the motorcycle applied his brakes but could not stop in time, and as Mr. Jacobson’s car swerved to the right, struck the rear fender of the appellant’s car. Mr. Towvim who was 5 or 6 car lengths behind the motorcycle, applied his brakes and pulled over to the curb. Respondent was thrown from the motorcycle against Mr. Jacobson’s car and received the injuries of which he complains.

Appellant’s contention, as stated in her brief, is as follows: “The court erred in granting a motion for a new trial where there was no substantial conflict in the testimony on material issues. The entire record clearly indicates that the defendant was not guilty of any negligence which in any manner contributed to the happening of the accident, resulting in injury to the plaintiff.” She cites many cases, upholding the familiar rule stated in that portion of the decision in Moss v. Stubbs, 111 Cal.App. 359 [ 295 P. 572 , 296 P. 86 ], which she quotes as follows:

There is ample evidence in the record in this case to support a verdict for the respondent. Vehicle Code, section 553, reads as follows:

No clearer case that appellant violated the provisions of that section could be made than is disclosed in the testimony of the four eyewitnesses to this accident given at the trial. Consider for instance the following testimony of Victor Jacobson:

In the light of such evidence we cannot follow appellant’s contention that there was no evidence of appellant’s negli *126 genee and that the accident was due solely to the negligence of the witness Jacobson.

Mrs. Jacobson testified that if it were not for the sudden application of the brakes on their car and the fact that her husband Mr. Jacobson swerved 8 or 10 feet to the right, he would have hit appellant’s car broadside. This testimony did conflict with appellant’s testimony. In fact there was conflict between her testimony and that of respondent and the three other witnesses to the accident on other material issues.

All of this brings the case within the rule which has been reiterated time and again, that upon appeal the presumption is in favor of the order and against the verdict that the trial court has the duty of weighing the evidence, considering the conflicts in it and then in its discretion determining whether or not a new trial should be granted on the ground of the insufficiency of the evidence (Scott v. Southern Pacific Co., 100 Cal.App. 634 [ 280 P. 996 ]; Anderson v. Dahl, 121 Cal. App. 198 [ 8 P.2d 883 ]; Woods v. Walker, 57 Cal.App.2d 968 [ 136 P.2d 72 ]).

No abuse of discretion on the part of the trial court is shown by this record, and the order of the trial court is affirmed.

Doran, Acting P. J., and White, J., concurred.