Julius v. First National Bank of Appleton

In this action the plaintiff appealed from an order which set aside the verdict of the jury and granted a new trial “upon the ground that the answer to question three of the special verdict is contrary to the weight of the evidence.” Plaintiff recognizes that such an order granting a new trial is largely in the discretion of the court, and therefore will not be reversed unless it was based upon a misapprehension of law or it clearly appears that there has been an abuse of discretion. But he contends that the preponderance of the evidence is in support of the jury’s answer to the third…