147 Wis. 524 | Wis. | 1911
The case on the former appeal (141 Wis. 228, 124 N. W. 414) was remanded for a new trial for the reason that the court erred in directing a verdict for the plaintiff. The court says:
“The question whether Herman acted fraudulently in negotiating the note to Wight was involved in conflict of evidence either received or offered and much uncertainty of inference from such evidence and should have been passed on by the jury; as also the question whether his payment to Wight was an attempted purchase by him individually or payment of the note on behalf of his principal.”
Upon the retrial the court submitted the issues presented by the evidence to the jury in a special verdict, in which they found upon the litigated issues as shown by their answers to the questions of the verdict. The defendant moved for a judgment on the verdict dismissing the complaint, and the plaintiff moved for judgment awarding recovery for the face of the note with interest and the costs of the action, and, if such motion should be denied, to set aside the verdict and grant a new trial. The court denied the motions of both parties for judgment, but granted the plaintiff’s motion for a new trial, “because the court disapproves of the verdict as against the weight of evidence and because it is inconsistent with itself.”
The granting of the new trial because the verdict is against the evidence is within the discretionary power of the court, and is not to be reviewed on appeal unless we find that the court abused its discretion. The superior advantages and opportunities of the trial court for obtaining information regarding the weight and credibility of the evidence, thus enabling it to pass on this question, are of much weight in a re
By the Court. — It is so ordered.
