Frank v. Ruzicka

This is an appeal from an order setting aside a verdict and granting a new trial 'on the sole ground of the insufficiency of the evidence to support the verdict.

It has been firmly established as the rule of law in this *580state that the granting or denying of a new trial on the ground of the insufficiency of the evidence to support the verdict is a discretionary power of the trial court, and that:

“After the trial court has exercised this discretionary power by either granting or refusing a new trial; it should not be reversed 'on appeal unless there has been some legal abuse in the exercise of…