Mills v. Oregon Ry. & Navigation Co.

Citations

• 102 Cal. 357
• 36 P. 772
• 1894 Cal. LEXIS 650

Syllabus

<p>Appeal—Review of Order Granting New Trial—Specification of Grounds.—Where the superior court, in granting a motion for a new trial, specifies the grounds on which the motion is granted, if one of the grounds specified is the insufficiency of the evidence, the conclusion of the trial court upon that question will not be disturbed; and the fact that the court specifies other grounds upon which the motion was made as a reason for making the order does not change the established rule authorizing the trial court to grant a new trial, if, in its opinion, the evidence before the jury was insufficient to justify the verdict; and its discretion in granting it upon that ground is not subject to review in the supreme court, unless it is made to appear that its action was arbitrary rather than discretionary, or was made in a case where no opportunity was presented for the exercise of discretion.</p>