Bohlman v. Nelson

There must be a new trial on the disputed issues of damages sustained by the mother.

1. New trial in interest of justice. We should have no difficulty in sustaining that part of the trial court’s order which directs a new trial on the damage issues in the interest of justice, were it not for the alternative granted plaintiff to take judgment. The trial court may in the exercise of a proper discretion order a new trial in the interest of justice when a jury’s verdict is against the great weight of the evidence, even though it cannot be held as a matter of law that the answer is wrong. Guptill…