1. The provision of Section 11577, General Code, that the same court shall not grant more than one judgment of reversal on the weight of the evidence has reference to subdivision 6 of Section 11576, General Code, wherein it is provided that a new_ trial may be granted on the ground that the verdict is not sustained by sufficient evidence, and not to subdivision 4 of that section wherein it is provided that a new trial may be granted on the ground of excessive damages given under the influence of passion and prejudice.

2. The court of appeals is not precluded by the ■provisions of Section 11577, General Code, from reversing a judgment upon finding that the verdict upon which it is based is excessive, appearing to have been given under the influence of passion and prejudice, although a former judgment in the same case had previously been reversed upon the ground that the verdict was against the weight of the evidence.

Judgment affirmed.