CONE V. WEST VIRGINIA PULP & PAPER CO.
330 U.S. 212 (1947)
NATURE OF THE CASE: This was a dispute over cut timber.
FACTS: P sued D for trespass and cutting timber on his land. D denied that P had title to
the land. The burden of proof as to title rested with P. After the presentation of evidence,
D moved for a directed verdict in that P had failed to prove ownership or that he was in
possession. That motion was denied. P got the verdict for $15,000. D moved for a new trial
on the grounds of newly discovered evidence. That motion was denied. D did not move for a
judgment n.o.v. The court of appeals reversed holding that certain evidence was inadmissible
and that P's evidence showing possession was insufficient. The appeals court directed that
judgment be entered for D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment