Werren v. Allied American Mutual Fire Insurance

As the trial court observed in its decision on motions after verdict, the findings of the jury indicate its belief that the collision was unavoidable; and it was the court’s considered judgment that such belief was against the great weight and clear preponderance of the evidence.

An order for a new trial in the interests of justice is highly discretionary and, in the absence of a clear showing of an abuse of discretion, it will be affirmed. Fontaine v. Fontaine (1931), 205 Wis. 570, 238 N. W. 410; Besser v. Hill (1937), 224 Wis. 211, 271 N. W. 921; Anderson v. Eggert (1940), 234 Wis. 348, 291…