Cable v. Marinette County

The issues raised by this appeal are whether the trial court was in error by granting defendant’s motion for a directed verdict, and whether a new trial is necessary to prevent a probable miscarriage of justice.

Counsel for appellant concedes his motion for a new trial was not timely but it is his position on this appeal that this court, by sec. 251.09, Stats., can exercise its discretion and order a new trial under the circumstances presented in this appeal. Sec. 251.09 reads as follows:

“Discretionary Reversal. In any action or proceeding brought to the supreme court by appeal or writ of…