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McFARLIN v. HEWITT

5 Wis.2d 488 (1958)

McFARLIN and others, Plaintiffs and Appellants, v. HEWITT and others, Defendants: KONITZER and others, Defendants and Respondents.

Supreme Court of Wisconsin.

December 2, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs by Nathaniel D. Rothstein, Roy O. Conen, and Jack E. Keyes, all of Milwaukee, and oral argument by Mr. Rothstein and Mr. Conen.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and A. W. Kivett and Nonald J. Lewis of counsel, all of Milwaukee, and oral argument by Mr. A. W. Kivett and Mr. Lewis.

MARTIN, C. J.

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...

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