Haas v. Whittier (1889) · DecisionDepot

Haas v. Whittier

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 6, 1889 No. No. 12,927Published

Before: Works

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Holding. The court affirmed an order granting a new trial because the appellant failed to demonstrate a manifest abuse of discretion by the lower court in its assessment of the evidence.

Issues

Whether the trial court abused its discretion in granting a new trial based on the insufficiency of the evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Such an order will not be reversed unless a manifest abuse of discretion appears”

“No such abuse of discretion appears in this case.”

Synopsis

New Trial—Objections to Verdict.—An order granting a new trial, applied for on the ground that the evidence was insufficient to justify the' verdict, will not be reversed unless a manifest abuse of discretion appears.

WORKS, J. This is an appeal from an order granting the respondent a new trial. One of the grounds of the motion was that the evidence was insufficient to justify the verdict. Without attempting to review the evidence, or to determine what weight should be given to it, which will be within the province of the lower court on a second trial, it is sufficient to say that the evidence was such that this court will not set aside the order granting a new trial. Such an order will not be reversed unless a manifest abuse of discretion appears: Gerold v. Brunswick, 67 Cal. 124, 7 Pac. 306. No such abuse of discretion appears in this case. Order affirmed.

We concur: Beatty, C. J.; Paterson, J.; Sharpstein, J.; ' McFarland, J.; Thornton, J.

Haas v. Whittier

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