Bartell v. Luedtke

The sole issue on this appeal is whether it was an abuse of discretion for the trial judge to order a new trial in the interest of justice.

It is well settled that in cases where the trial court has awarded a new trial in the interest of justice, this court will affirm unless there is a clear showing of abuse of discretion. Van Gheem v. Chicago & N. W. Ry. Co. (1967), 33 Wis. 2d 231, 147 N. W. 2d 237. The determination of whether discretion was abused by the trial court is guided by a number of elementary principles which were stated in Hillstead v. Shaw (1967), 34 Wis. 2d 643, 150 N. W. 2d…