Legal Opinion

Brainard v. Joy Mfg. Co.

United States District Court

Decided August 3, 1949No. Civ. A. No. 24259PublishedCited by 3 opinions

1Opinion of the Court

WILKIN, District Judge.

Under former Federal Rules of Civil Procedure, 28 U.S.C.A. courts gave very careful and thorough consideration to a motion for a directed verdict, or to arrest the case from the jury, but now under the new rules courts are inclined to allow a full presentation of the case if there is a likelihood of supporting evidence. The courts are inclined to do this because they can now consider the motions after verdict as of the time they were made, and a full presentation of the case enables a reviewing court to direct the judgment which it thinks the evidence warrants without…

2Cases cited5 opinions

  1. United States v. RayburnCourt of Appeals for the Eighth Circuit · 1937
  2. Hart v. Knox CountyCourt of Appeals for the Sixth Circuit · 1948
  3. Robertson v. Morganton Full Fashioned Hosiery Co.Court of Appeals for the Fourth Circuit · 1938
  4. Creedon v. SmithDistrict Court, N.D. Ohio · 1948
  5. Felton v. Florida East Coast Ry. Co.District Court, S.D. New York · 1948

3Cited by3 opinions

  1. Watson v. Providence Washington Ins. CoCourt of Appeals for the Fourth Circuit · 1953
  2. Troyit Robinson v. United States of America, Travit Robinson v. United StatesCourt of Appeals for the D.C. Circuit · 1959
  3. Troyit Robinson v. United States of America, Travit Robinson v. United StatesCourt of Appeals for the D.C. Circuit · 1959

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