Maynard v. B. F. Goodrich Co.

Two controlling questions are presented: (1) Was a motion for a new trial necessary for a review of the judgment, and (2) If not, did the Court of Appeals commit prejudicial error' in rendering the judgment of reversal.

Before considering the effect of not filing a motion for a new trial, it is well to point out that the action of the trial court in taking the case from the jury and rendering judgment for the defendant, presents exactly the same question as if a verdict had been directed and judgment entered for the defendant thereon. Either method may be employed. In discussing the question…