Legal Opinion

Simmonds v. Capital Transit Co.

Court of Appeals for the D.C. Circuit

Decided February 19, 1945No. 8783PublishedCited by 17 opinions

1Opinion of the Court

MILLER, Associate Justice.

Appellant sued in the District Court to recover damages for injuries suffered when he was struck by one of appellee’s streetcars. Appellee moved for a judgment under Rule 50(b) of the Federal Rules of Civil Procedure1 and the trial judge granted the motion, notwithstanding the jury’s verdict in favor of appellant.

The rule, applicable on this appeal, was stated in the Shewmaker case,2 decided by this Court two months after judgment was entered by the trial court in the present case. It requires us, in deciding whether to uphold the verdict of the jury or the judgment…

2Cases cited11 opinions

  1. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  2. Shewmaker v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1944
  3. Hoehn v. McIntoshCourt of Appeals for the Sixth Circuit · 1940
  4. Dickerson v. Franklin Nat. Ins.Court of Appeals for the Fourth Circuit · 1942
  5. American Ice Co. v. MooreheadCourt of Appeals for the D.C. Circuit · 1933

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Charles Jackson v. Wilson Trucking Corp., a Corporation, and Roy S. RexrodeCourt of Appeals for the D.C. Circuit · 1957
  3. Howard v. SwagartCourt of Appeals for the D.C. Circuit · 1947
  4. Rice v. Union Pacific R. Co.District Court, D. Nebraska · 1949
  5. Logsdon v. BakerCourt of Appeals for the D.C. Circuit · 1975

12 more not listed; retrieve them via the Exa API.

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