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HILLSTEAD v. SHAW

34 Wis.2d 643 (1967)

HILLSTEAD and another, Plaintiffs and Respondents, v. SHAW and others, Defendants: SMITH and another, Defendants and Appellants.

Supreme Court of Wisconsin.

May 9, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Gwin, Fetzner & Richards, attorneys, and John W. Fetzner and C. A. Richards of counsel, all of Hudson, and oral argument by C. A. Richards.

For the respondents there was a brief by Gavic & Richardson and Robert R. Gavic, all of Spring Valley, and oral argument by Robert R. Gavic,

WILKIE, J.

A single issue is presented by this appeal:

Did the trial court abuse its discretion by ordering a new trial in the interest of justice?

The trial court ordered a new trial in the interest of justice pursuant to sec. 270.49, Stats. Our court will sustain such an order unless there is a showing of abuse of discretion on the part of the trial court.1 It is elementary that in such cases the supreme court does not...

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