Borg-Warner Corp. v. Whitney

HICKS, Circuit Judge.

Ruby Whitney and Karl Whitney brought separate suits against appellant, the Borg-Warner Corporation, for damages for personal injuries. After the suits were brought Karl Whitney died and his suit was revived in the name of his special administrator. The cases were consolidated for trial and at the close of the evidence the court denied appellant’s motion for a directed verdict. A mistrial resulted and thereafter appellant, pursuant to Rule 50 (b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, moved for judgment, in accordance with its motion for a…