McFarlin v. Hewitt

In cases where a new trial has been granted in the interests of justice under sec. 270.49 (2), Stats., this court does not look for evidence to sustain the jury findings, but it seeks to determine whether the trial court abused its discretion in ordering a new trial. It seeks reasons to sustain the finding of the trial judge. In jury cases where the jury verdict has had the approval of the trial judge this court will uphold the verdict if sustained by any credible evidence. In this case the question is whether the trial court abused its discretion in ordering a new trial in the interests of…