166 N.W. 335 | S.D. | 1918
Vendiict and judgment for plaintiff were vacated by the trial court, and a new trial granted. From the 'order granting a new trial, plaintiff appeals.
“It is a well-established' rule in this state that the order of a trial court granting a new trial will not be reversed, unless it clearly appears that the trial court abused its judicial discretion in granting such motion.” ' ■
In this case there was a sharp conflict in the evidence on the material issue involvel on the trial. Under these circumstances, and under the rule above stated, the trial court did
The order appealed from is affirmed.