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WILEY v. FIDELITY & CASUALTY CO.

3 Wis.2d 320 (1958)

WILEY, Appellant, vs. FIDELITY & CASUALTY COMPANY OF NEW YORK, Respondent.

Supreme Court of Wisconsin.

February 28, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Bernard J. Bertrand and James R. Mortell, both of Green Bay.

For the respondent there was a brief by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by John C. Whitney.

WINGERT, J.

It is conceded by the plaintiff that a new trial granted in the interests of justice is a highly discretionary order and that this court will not reverse such an order unless it clearly appears that there has been an abuse of judicial discretion. However, the plaintiff contends that there was a clear abuse of judicial discretion. It is contended that the trial court's determination that the jury's finding as to plaintiff's negligence as to lookout was...

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