Pingel v. Thielman

The sole issue on this appeal is whether the trial court abused its discretion in granting a new trial in the interest of justice under sec. 270.49, Stats. A trial court has the power to grant a new trial in the interest of justice because the verdict is against the great weight of the evidence. Bohlman v. Nelson (1958), 5 Wis. (2d) 77, 92 N. W. (2d) 345; Guptill v. Roemer (1955), 269 Wis. 12, 19, 68 N. W. (2d) 579, 69 N. W. (2d) 571; and Sickling v. Nash Motors Co. (1932), 207 Wis. 16, 21, 238 N. W. 843. This court declared in the Bohlman Case (p. 80):

“The trial court may in the exercise of…