BEHNING v. STAR FIREWORKS MFG. CO.

No. 186.

57 Wis.2d 183 (1973)

203 N.W.2d 655

BEHNING, Respondent, v. STAR FIREWORKS MANUFACTURING COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

Decided January 30, 1973.


Attorney(s) appearing for the Case

For the appellant there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Frank A. Scherkenbach of counsel, all of Milwaukee, and oral argument by Mr. Scherkenbach.

For the respondent there was a brief by Rowlee & Styler, attorneys, of Milwaukee, and Edward D. Weber of counsel, of Brown Deer, and oral argument by Wayne E. Rowlee.


HEFFERNAN, J.

But one issue is presented on this appeal: Did the trial court abuse its discretion in ordering a new trial in the interest of justice on the question of liability?

An order for a new trial in the interest of justice is within the discretion of a trial judge, and will be reversed only upon a clear showing there has been an abuse of discretion. Bartell v. Luedtke (1971), 52 Wis.2d 372, 377, ...

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