California Court of Appeal December 14, 1950, Civ. 17570 (Howell v. Ducommon Metals & Supply Co.)

WHITE, P. J.

I concur.

We are not here confronted with a situation wherein the court was ruling on a motion for a new trial. In passing upon a motion for a new trial the trial judge, as it were, becomes a thirteenth juror, and may weigh the evidence and pass upon the credibility of witnesses.