MARSH V. ILLINOIS CENT. R.
175 F.2d 498 (5th Cir. 1949)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Marsh (P) sued Illinois Cent. R. (D) for a personal injury to have been caused by
negligent maintenance of a switching track and the apron covering the coupling between the
engine and tender. At the conclusion of evidence, D moved for an instructed verdict. That
was denied. P got the verdict and D moved for a judgment n.o.v. or for a new trial. The
judge held that the evidence was overwhelmingly against P and that the motion for the
judgment n.o.v. was granted and that a new trial was not warranted. P appealed and D
appealed for the refusal of the new trial.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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