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Wilson v. American Chain & Cable Co., Inc.

United States District Court, E. D. Pennsylvania
May 20, 1965
38 F.R.D. 72 (E.D. Pa. 1965)

Opinion

         Proceedings on plaintiff's motion for judgment notwithstanding verdict or, alternatively, for new trial. The District Court, Wood, J., held that motion for directed verdict is mandatory step for party desiring to attack jury's findings by any post-trial motion.

         Order accordingly.

         See, also, 216 F.Supp. 32.

          Dorfman, Pechner, Sacks & Dorfman, Philadelphia, Pa., for plaintiff, Timothy Wilson.

          Bernard J. McNulty, Jr., Philadelphia, Pa., for plaintiff, Robert Wilson.

          Swartz, Campbell & Detweiler, Philadelphia, Pa., for defendant, American Chain and Cable Co.

         Elston C. Cole, Philadelphia, Pa., for Robert Wilson, third-party defendant.


          WOOD, District Judge.

          The plaintiff, following trial, and after judgment was entered for the defendant on the jury's verdict, has moved for judgment notwithstanding the verdict and in the alternative for a new trial. At the close of all the evidence the plaintiff never moved for a directed verdict under Rule 50(a). This step is mandatory before a jury's findings can be attacked by any post-trial motion. Brandon v. Yale & Towne Mfg. Co., 220 F.Supp. 855 (E.D.Pa.1963) aff'd per curiam 342 F.2d 519 (3 Cir. 1965). We cannot accord the effect of a directed verdict to the plaintiff's points for charge. Massaro v. United States Lines Co., 307 F.2d 299 (3 Cir. 1962); Eisenberg v. Smith, 263 F.2d 827, 829 (3 Cir. 1959).

         After consideration of the plaintiff's motion for new trial we find no merit in the allegations contained therein, and the motion, accordingly, is denied.


Summaries of

Wilson v. American Chain & Cable Co., Inc.

United States District Court, E. D. Pennsylvania
May 20, 1965
38 F.R.D. 72 (E.D. Pa. 1965)
Case details for

Wilson v. American Chain & Cable Co., Inc.

Case Details

Full title:Timothy WILSON, a minor by Robert Wilson, his natural parent and natural…

Court:United States District Court, E. D. Pennsylvania

Date published: May 20, 1965

Citations

38 F.R.D. 72 (E.D. Pa. 1965)

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