Simblest v. Maynard
United States Court of Appeals for the Second Circuit
427 F.2d 1 (1970)
Relevant factsFree
Simblest (plaintiff) claimed he entered an intersection on a green light that failed just as he crossed, but Maynard (defendant), driving a sirened fire engine, and other witnesses testified the traffic signal had already been out for ten to fifteen minutes before Simblest entered; after the jury found for Simblest, the trial court granted Maynard's motion for judgment notwithstanding the verdict.
IssueFree
Whether a judgment notwithstanding the verdict may be granted if the trial evidence, without weighing witness credibility or the evidence, supports only one verdict.