.184, 185

652

570

1917, p. 854. Workmen's Compensation

1919, p. 554. Bond Improvement

Deering's General Laws 1915, p. 1467 (Act No. 2895). Claims

UNITED STATES.

Const., art. IV, sec. 1. Jurisdiction.....

Const., 14th Amendment.

Constitutional Law

...

Rev. Stats., sec. 2331. Mines and Mining

....

PAGE

309

34

76

117

..101, 102

REPORTS OF CASES

DETERMINED IN

THE DISTRICT COURTS OF APPEAL

OF THE

STATE OF CALIFORNIA.

[Civ. No. 3132. First Appellate District, Division Two.—December 13, 1919.]

AMERICAN MARINE PAINT CO. (a Corporation), Appellant, v. NYNO LINE, INC. (a Corporation), Respondent.

[1] NEW TRIALS-INSUFFICIENCY OF EVIDENCE-PRESUMPTION FROM STATEMENT IN ORDER GRANTING.-The appellate court will not presume that the trial court was satisfied as to the sufficiency of the evidence to sustain the verdict because the latter court included in its order granting a new trial a statement that it would file a written opinion if the parties had not settled the case within thirty days.

[2] ID. MISLEADING AND CONFUSING INSTRUCTIONS.-Where it appears from the questions of several of the jurors, after they had been deliberating for a time and were unable to reach a verdict, that they were confused and had no clear idea of the law applicable to the facts, the trial court is justified in granting a new trial on the ground that the instructions were misleading and confusing. [3] ID.

PRESUMPTIONS WHERE ORDER GRANTING GENERAL-APPEAL.— Where the order granting a new trial is general in its terms, all presumptions are in its favor; and, on appeal, the entire record will be examined, and if there be found any ground that would have justified the order, it will be affirmed.

[4] ID. CONFLICTING EVIDENCE-VERDICT NOT CONCLUSIVE ON TRIAL COURT. The trial court is not bound by the decision of a jury because of a conflict in the evidence.