Krolikowski v. Chicago & Northwestern Transportation Co.

I respectfully dissent because it appears to me that this court has retried this case rather than subject it to judicial review. In reviewing an order granting a new trial this court must look for reasons to sustain the trial court’s order. Loomans v. Milwaukee Mut. Ins. Co., 38 Wis.2d 656, 662, 158 N.W.2d 318 (1968). Such an order should be reversed only for a clear abuse of discretion. Hillstead v. Shaw, 34 Wis.2d 643, 648, 150 N.W.2d 313 (1967). In other words, the trial court has to be wrong about the evidence or the law. McCarthy v. Thompson, 256 Wis. 113, 40 N.W.2d 560 (1949). Recently,…