Aguirre

*286 Opinion

In a jury trial, plaintiff James Aguirre obtained a verdict against defendant William E. Reno for personal injuries sustained when defendant’s 1965 Dodge struck plaintiff’s 1955 black Chevrolet on the Antelope Valley Freeway between 9:30 and 10 p.m. the evening of February 9, 1966.

After both sides had rested, but before the case went to the jury, the defendant (respondent herein) moved for a directed verdict. That motion was denied. Following a verdict for plaintiff (appellant herein) respondent moved for judgment notwithstanding the verdict and for a new trial. Both motions were granted and judgment in favor of the respondent was entered. The motion for a new trial was granted only “In the event . . . [the order granting judgment notwithstanding the verdict] is hereafter reversed, on appeal.”

Appellant argues that since a motion for a directed verdict had been properly denied by the trial court, it had no statutory authority to grant the motion for a judgment notwithstanding the verdict. Appellant’s appeal is confined to the motion N.O.V. There is no appeal from the motion granting a new trial. The latter order is, of course, appealable. (Code Civ. Proc., §…