The plaintiff in error has recovered two verdicts against defendant, and he insists that the court had no discretion to gra'rit' the second new trial. The evidence in the case will scarcely authorize a verdict for plaintiff; it is very slight, and the great preponderance is in favor of defendant. Under such circumstances, this court does'notfeel authorized to interfere with the superior court in making a second grant of a new trial.

Judgment affirmed.