Dunlavy v. Dairyland Mutual Insurance

After reviewing the record in this appeal we reach these conclusions :(1) The movants for new trial, with respect to the negligence issues, failed to fully comply with that part of sec. 270.50, Stats., which provides, “A motion for a new trial founded upon newly discovered evidence may be heard upon afjidavits and the papers in the action.” (Italics supplied.)(2) There was no such failure to comply with such statutory requirement with respect to granting a new trial on the insurance coverage issues.(3) This court on its own motion should grant a new trial in the interest of justice pursuant…