Himebauch v. Ludtke

We have taken due note of the argument made on behalf of the plaintiff to the effect that an order granting a new trial in the interests of justice is highly discretionary and will not be reversed unless there is an abuse of discretion. It is also true that an order granting a new trial in the interests of justice will be reversed where the evidence in the record is not sufficient under any view to sustain a finding of negligence, and a verdict should have been directed. Crombie v. Powers (1930), 200 Wis. 299, 227 N. W. 278.

Upon this appeal we are concerned only with the evidence relating to…