No. 3,744 | Cal. | Jul 1, 1873
The motion for a new trial was granted upon the ground of the insufficiency of the evidence to justify the verdict. There was a conflict of testimony upon the issues submitted to the jury, and in such case it is settled that this Court will not interfere with the judgment of the Court below. There was no error in retaxing the costs which were allowed to the plaintiff.
Order affirmed.