Lange v. Olson

By sec. 2878, Stats., it is provided that a judge before whom an issue is tried may in his discretion set aside the verdict and grant a new trial because the verdict is contrary to the evidence and for other enumerated reasons. From an early day it has been held that orders granted by a trial judge in the exercise of the discretion conferred upon him will not be reversed by this court, even *660if it is of the opinion that the circuit judge has erred, unless there has been a clear or gross abuse of discretion. Van Valkenburgh v. Hoskins, 7 Wis. 496.

There is an exception to this rule. Where a…