William Kelly v. Pennsylvania Railroad Company

I think the judgment is an appealable one under Section 1291, Title 28 U.S.C., and that the decision of the majority is erroneous.

On November 24, 1954; the plaintiff secured a verdict against the defendant-appellant for $75,760. Under Rule 58, F.R.C.P., the clerk entered judgment forthwith on this verdict. On November 29, within ten days after the entry of judgment, the defendant-appellant made two timely motions, one for judgment n.o.v. under Rule 50(b), and another for a new trial under Rule 59(b). On June 6, 1955, the court below “dismissed” the motion for a new trial on the ground .that…