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FELKL v. CLASSIFIED RISK INS. CORP.

24 Wis.2d 595 (1964)

FELKL, Appellant, v. CLASSIFIED RISK INSURANCE CORPORATION and another, Respondents.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Silverstein, Warshafsky & Rotter, attorneys, and Ted Warshafsky and Michael I. Tarnoff of counsel, all of Milwaukee, and oral argument by Mr. Tarnoff.

For the respondents there was a brief by Giffin, Simarski & Koch and Merton H. Giffin, all of Milwaukee, and oral argument by Merton H. Giffin.

FAIRCHILD, J.

The general rule is that an order for a new trial in the interest of justice will be reversed only where the trial court abused its discretion. The rule does not apply, however, where the court proceeded upon an erroneous view of the law.1

Sec. 270.49 (2), Stats., provides:

". . . No order granting a new trial in the interest of justice shall be valid or effective, unless the reasons that prompted the court...

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