Allegheny County v. Maryland Casualty Co.

GIBSON, District Judge.

After verdict for plaintiff, the defendant moved for judgment n. o. v., and also filed an alternative motion for a new trial. The motion for judgment was allowed, but no order was made upon the motion for a new trial, as prescribed by Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 61 S.Ct. 189, 85 L.Ed. 147. Therefore, pursuant to motion of counsel for plaintiff, the order for judgment has been vacated pending decision upon the motion for a new trial.

In view of the order for judgment n. o. v., which is based upon the conclusion that the matter in issue had been…