Marsh v. Illinois Cent. R.
United States Court of Appeals for the Fifth Circuit
175 F.2d 498 (1949)
Marsh (plaintiff), a fireman for Illinois Central Railroad (defendant), was injured on the job and sued for negligence; after the evidence closed, the Railroad's motion for a directed verdict was denied and the jury found for Marsh. The Railroad then moved for judgment notwithstanding the verdict or, alternatively, a new trial, arguing the verdict was contrary to the evidence. The trial judge entered judgment notwithstanding the verdict, reasoning the evidence overwhelmingly favored the Railroad, while also stating the directed verdict should have been granted for lack of evidence, but concluding there were no other legal errors warranting a new trial. Marsh appealed the judgment notwithstanding the verdict, and the Railroad appealed the denial of a new trial.
Whether, under Rule 50 of the Federal Rules of Civil Procedure, a trial court may grant judgment notwithstanding the verdict because the verdict goes against the weight of the evidence.