PERRY v. FOWLER

Docket No. 17558.

102 Cal.App.2d 808 (1951)

229 P.2d 46

ORA ETHEL PERRY et al., Respondents, v. A.E. FOWLER et al., Appellants.

Court of Appeals of California, Second District, Division One.

March 13, 1951.


Attorney(s) appearing for the Case

Parker, Stanbury, Reese & McGee for Appellants.

Arthur Garrett for Respondents.


HANSON, J. pro tem.

The sole question presented by this appeal from an order granting a new trial, on the ground of the insufficiency of the evidence to sustain the verdict, is whether the court abused its discretion in view of the fact that a prior jury had reached the same conclusion on substantially similar evidence.

The verdict of the jury in favor of the defendants on the first trial was set aside by the trial judge on two grounds: First, that...

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