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.)
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