Zabinski v. Novak

An order of a trial court granting a new trial is not to be disturbed unless there has been an abuse of judicial discretion, or the order, being one made as a matter of right, has resulted from an erroneous view of the law. Crombie v. Powers, 200 Wis. 299, 227 N. W. 278; Mellor v. Heggaton, 205 Wis. 42, 236 N. W. 558; Sickle v. Wolf, 91 Wis. 396, 64 N. W. 1028; Fontaine v. Fontaine, 205 Wis. 570, 238 N. W. 410. The order under consideration was granted on the motion of respondent because the court below concluded that, in connection with questions in the special verdict which concerned the…