1: Where facts are involved, the first grant of a new trial will not be disturbed; and even where the first grant of a new trial depends upon the legal construction of the evidence, the judge’s view of tlie law will not be closely scanned.

2. Where a wrong reason is assigned for the grant of a new trial, and yet it is apparent that there was good reason why a new trial should have been granted, the discretion of the trial judge will not be controlled. Judgment affirmed.