Whitney v. Akers

DAUGHERTY, District Judge.

Upon consideration of plaintiff’s Motion for Judgment Notwithstanding the Verdict and for a New Trial, and the response of defendant thereto, together with briefs submitted by both sides, the Court finds that both motions should be denied.

■ With reference to the Motion for Judgment Notwithstanding the Verdict, it is not possible under the evidence to grant same as the evidence was conflicting and in dispute on the issues of liability and injury or damage. The jury has determined the issue of liability against the defendant and this is supported by substantial…