No. 146.

56 Wis.2d 642 (1973)

203 N.W.2d 67

JAHNKE, Respondent, v. SMITH and another, Appellants.

Supreme Court of Wisconsin.

Decided January 3, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Fulton, Menn & Nehs, Ltd., attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

For the respondent there was a brief by David P. Hanaway and Hanaway & Ross, all of Green Bay, and oral argument by David P. Hanaway.


An order of a trial court granting a new trial in the interest of justice will ordinarily be affirmed unless there is a clear showing of an abuse of discretion. Bartell v. Luedtke (1971), 52 Wis.2d 372, 377, 190 N.W.2d 145; Van Gheem v. Chicago & N. W. Ry. Co. (1967), 33 Wis.2d 231, 236, 147 N.W.2d 237. In discussing the review...

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