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Gerold v. J. M. Brunswick & Balke Co.

Supreme Court of California
Jun 22, 1885
67 Cal. 124 (Cal. 1885)

Opinion

         Department Two

         Hearing in Bank denied.

         Appeal from an order of the Superior Court of the city and county of San Francisco granting a new trial.

         COUNSEL:

         T. J. Crowley, and R. Percy Wright, for Appellant.

          J. E. McElrath, and J. M. Rothschild, for Respondent.


         JUDGES: Thornton, J. Sharpstein, J., and Myrick, J., concurred.

         OPINION

          THORNTON, Judge

         The specifications of the particulars in which the evidence was insufficient to justify the verdict are sufficient.

         This appeal is from an order granting a new trial on motion of the defendant. The only ground on which the court below could have granted it was the insufficiency of the evidence to justify the verdict; and it has been uniformly held by this court that a motion for a new trial on this ground is addressed to the sound legal discretion of the court, and that on appeal from an order of the trial court granting such new trial, this court will not reverse the order, unless it appears that there has been a manifest abuse of such discretion. (Hall v. Bark Emily , 33 Cal. 522; Phelps v. Union C. M. Co. 39 Cal. 410; Pierce v. Schaden , 55 Cal. 406; Bronner v. Wetzlar , 55 Cal. 419.) We find no abuse of discretion here, though the evidence is conflicting. (Oullahan v. Starbuck , 21 Cal. 413; Dickey v. Davis , 39 Cal. 565.)

         Order affirmed.


Summaries of

Gerold v. J. M. Brunswick & Balke Co.

Supreme Court of California
Jun 22, 1885
67 Cal. 124 (Cal. 1885)
Case details for

Gerold v. J. M. Brunswick & Balke Co.

Case Details

Full title:PHILIP GEROLD, Appellant, v. THE J. M. BRUNSWICK&BALKE COMPANY, Respondent

Court:Supreme Court of California

Date published: Jun 22, 1885

Citations

67 Cal. 124 (Cal. 1885)
7 P. 306

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