Gennaro Basciano v. J. A. Reinecke, Bremen, Germany and Partenreederei M/s Falkental

HAYS, Circuit Judge.

This action for personal injuries was first tried before Judge Abruzzo. This trial ended with the jury unable to agree upon a verdict. Upon retrial verdict and judgment were entered for the plaintiff.

This appeal raises no question as to the second trial but seeks to test the correctness of Judge Abruzzo’s ruling at the end of the first trial denying defendant’s motion for judgment under Rule 50(b) of the Federal Rules of Civil Procedure. We hold that that ruling is not reviewable on appeal from the judgment in the second trial.

Rule 50 (b) provides that when a party has…