Fox v. Southern Pac. Co.

Citations

• 95 Cal. 234
• 30 P. 384
• 1892 Cal. LEXIS 806

Syllabus

<p>Appeal—Review of Order Granting New Trial—Error in Refusing Nonsuit — Insufficiency of Evidence — Discretion.—Where the court grants a new trial to the defendant, upon the ground that it erred in denying two motions of the defendant for a nonsuit, one made when the plaintiff’s case was rested, and the other made after all the evidence was closed, and before the submission of the case to the jury, the new trial is practically granted for insufficiency of the evidence to justify the verdict for the plaintiff, and the order granting it will not be reversed upon appeal, if no abuse of discretion appears.</p> <p>Id.—Nonsuit after Submission of Cause.—The court is justified in granting the defendant’s motion for a nonsuit, after the evidence on both sides has been heard, where, if the motion had been denied and a verdict found for the plaintiff, it would have been set aside as not supported by but contrary to the evidence.</p>