Cone v. West Virginia Pulp & Paper Co.
United States Supreme Court
330 U.S. 212 (1947)
In a trespass suit over timber cutting, Pulp (defendant) moved for a directed verdict at the close of evidence, which the district court denied, and the jury awarded Cone (plaintiff) $15,000; after judgment, Pulp moved only for a new trial based on new evidence (denied) and never moved for judgment notwithstanding the verdict (j.n.o.v.). The court of appeals nonetheless concluded some of Cone's ownership evidence should have been excluded, found insufficient remaining evidence to submit the case to the jury, and directed entry of judgment for Pulp; Cone petitioned for certiorari.
Whether, under FRCP Rule 50(b), an appellate court may direct the entry of a j.n.o.v. if no motion for j.n.o.v. was made to the trial court.