Crombie v. Powers

The following opinion was filed November 5, 1929:

Rosenberry, C. J.

Ordinarily the granting of a motion for a new trial lies largely within the discretion of the trial court, which will not be disturbed unless abused. The rule, however, does not apply where it is clear that the trial court proceeded upon an erroneous view of the law. Lange v. Olson, 185 Wis. 657, 202 N. W. 361; Day v. Pauly, 186 Wis. 189, 202 N. W. 363. In disposing of the motion for a new trial the court said:

“The defendant moves upon the verdict for dismissal of the action on the merits, and the plaintiff moves for a new…