BROWN, C. J.
The issues raised by this appeal are whether the trial court was in error by granting defendant's motion for a directed verdict, and whether a new trial is necessary to prevent a probable miscarriage of justice.
Counsel for appellant concedes his motion for a new trial was not timely but it is his position on this appeal that this court, by sec. 251.09, Stats., can exercise its discretion and order a new trial under the circumstances presented...
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