NEELY V. MARTIN K. EBY CONSTRUCTION CO., INC.
386 U.S. 317 (1967)
NATURE OF THE CASE: This was a wrongful death action and a review of a reversal of a
denial of a motion for a judgment notwithstanding the verdict.
FACTS: Neely (P) sued Martin (D) for negligence in the construction, maintenance, and
supervision of a scaffold platform used in construction of a missile silo. P's father was
killed in a fall from that platform. P sued D and at the close of evidence, D moved for a
directed verdict. The trial judge denied that motion. The jury gave the verdict to P and D
moved for a judgment n.o.v. or in the alternative a new trial. They were denied and D
appealed. The Appeals Court held that the evidence at trial was insufficient to establish
proximate cause or negligence. The Court of Appeals dismissed the case. The Supreme Court
granted certiorari; P claims that she had no opportunity to raise a claim for a new trial
and thus the dismissal violated the Seventh Amendment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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