Hillstead v. Shaw

A single issue is presented by this appeal:

Did the trial court abuse its discretion by ordering a new trial in the interest of justice?

The trial court ordered a new trial in the interest of justice pursuant to sec. 270.49, Stats. Our court will sustain such an order unless there is a showing of abuse of discretion on the part of the trial court. It is elementary that in such cases the supreme court does not look for evidence to sustain the jury’s findings, but seeks reasons for sustaining the trial court. Essentially, the supreme court usually defers to the trial court’s decision because of…