Huebner v. Fischer

On the plaintiff’s appeal from the order granting a new trial in the interest of justice, we are of the opinion that the court erred in ordering a new trial. It clearly appears that the court ordered a new trial for the reason that the testimony in the adverse examination relating to the defendant’s drinking intoxicating liquor was not specifically called to its attention or offered in evidence. The defendant did not offer the questions and answers in evidence, nor did the plaintiff in any manner refer to them. Upon the trial the defendant was asked no questions relating to his drinking…