Petitioner brought suit against respondent railroad under the Jones Act for the wrongful death of her husband. At the completion of all the evidence, the railroad moved to dismiss the complaint and further asked for a directed verdict. The trial court submitted the case to the jury reserving its decision on the motion. A verdict was returned for the petitioner. Within ten days of the verdict, the railroad moved to have the verdict set aside on the ground that it was excessive, contrary to the law, to the evidence, and to the weight of the evidence. Two months later the trial court denied this motion as well as the pre-verdict motions for dismissal and directed verdict. On appeal, the court of appeals reversed, holding that the motion for directed verdict should have been granted. Both parties agreed that the reversal required the trial court to enter judgment for the railroad. On certiorari, held, reversed, Justices Frankfurter, Jackson, Burton and Minton dissenting. Rule 50(b) requires that a losing party move for judgment n.o.v. within ten days after verdict before an appellate court can enter judgment in his favor, and a motion to have the verdict set aside does not satisfy this requirement. Johnson v. N.Y., N.H. & R.R. Co., 344 U.S. 48, 73 S.Ct. 125 (1952).
Joseph M. Kortenhof, S.Ed.,
FEDERAL PROCEDURE - JUDGMENTS - MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT REQUIRED BEFORE APPELLATE COURT CAN ENTER JUDGMENT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol51/iss7/13