Poske v. Mergl

The sole error assigned in this court is that “the Court of Appeals erred in reversing the judgment of the *73trial court for the reason that the granting of a new trial by the trial court was not an ‘abuse of discretion.’ ”

Plaintiff states that the question of law presented to us is, “Was the granting of a new trial to the plaintiff by the trial court a clear abuse of discretion which showed an unconscionable and arbitrary attitude?”

To solve the question presented to us, it is necessary to define the rights and duties of a trial court with reference to granting a new trial upon the weight of…