Wiley v. Fidelity & Casualty Company of New York

It is conceded by the plaintiff that a new trial granted in the interests of justice is a highly discretionary order and that this court will not reverse such an order unless it clearly appears that there has been an abuse of judicial discretion. Flowever, the plaintiff contends that there was a clear abuse of judicial discretion. It is contended that the trial court’s determination that the jury’s finding as to plaintiff’s negligence as to lookout was against the great weight of the evidence is not sustained on the basis of all the evidence. It is next contended that in making that…