Behning v. Star Fireworks Manufacturing Co.

But one issue is presented on this appeal: Did the trial court abuse its discretion in ordering a new trial in the interest of justice on the question of liability?

An order for a new trial in the interest of justice is within the discretion of a trial judge, and will be reversed only upon a clear showing there has been an abuse of discretion. Bartell v. Luedtke (1971), 52 Wis. 2d 372, 377, 190 N. W. 2d 145; Hillstead v. Shaw (1967), 34 Wis. 2d 643, 648, 150 N. W. 2d 313; Van Gheem v. Chicago & N. W. Ry. Co. (1967), 33 Wis. 2d 231, 236, 147 N. W. 2d 237; McPhillips v. Blomgren (1966), 30 Wis.…