United States Court of Appeals for the Fifth Circuit
175 F.2d 498 (1949)
Marsh (plaintiff) was injured while working as a fireman for Illinois Central Railroad (Railroad) (defendant). Marsh sued the Railroad for negligence. After all evidence was presented, the Railroad moved for a directed verdict. The judge denied the motion, and the jury found in favor of Marsh. The Railroad moved the court to enter judgment notwithstanding the verdict (j.n.o.v.) or, alternatively, to grant a new trial. The Railroad asserted several bases for the motion, including that the verdict was contrary to the evidence. The judge entered a j.n.o.v. because “[t]he weight of the evidence is so overwhelmingly against the plaintiff that as a matter of law” judgment must be entered for the Railroad. The judge also stated that the motion for a directed verdict ought to have been granted because there was not enough evidence to send the question to the jury. Nevertheless, the judge concluded that there were “no other errors of law” warranting a new trial. Marsh appealed the j.n.o.v. to the United States Court of Appeals for the Fifth Circuit. The Railroad appealed the denial of the new trial motion.
Rule of Law
Holding and Reasoning (Sibley, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 241,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.