California, United States of America
The following excerpt is from Quinn v. Oil Fields Trucking Co., 130 Cal.App.2d 720, 279 P.2d 775 (Cal. App. 1955):
(1) The granting of a motion for a new trial rests so completely within the discretion of the trial judge that an appellate court will not interfere with his action unless a manifest and unmistakable abuse of discretion clearly appears. (Ballard v. Pacific Greyhound Lines, 28 Cal.2d 357, 358, 170 P.2d 465.)
(2) On appeal from an order granting a new trial all presumptions are in favor of the order and it will be affirmed if sustained on any ground. (Ballard v. Pacific Greyhound Lines, supra, 28 Cal.2d 358, 170 P.2d 465.)
(3) A trial court in considering a motion for a new trial is not bound by a conflict in the evidence and does not abuse its discretion in granting a new trial where there is any evidence which would support the moving parties' contention. (Ballard v. Pacific Greyhound Lines, supra, 28 Cal.2d 358, 170 P.2d 465.)
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