Zollars V. Barber

In this negligence action the verdict was for defendant and judgment was entered thereon. On plaintiff's motion a new trial was granted. Defendant appeals from the order granting the new trial and plaintiff cross-appeals from the judgment. We have concluded that the order granting a new trial must be affirmed. The appeal from the judgment will then be dismissed as having become moot. (Brignoli v. Seaboard Transp. Co., 29 Cal. 2d 782, 792 [178 P.2d 445].)