Clarke v. Reiss

WORTENDYKE, District Judge.

This is a diversity death action based upon the alleged negligent operation of a motor truck which collided with the passenger automobile owned and being operated by plaintiff’s intestate on a public highway in New Jersey. Pursuant to Rule 50(b) of the Rules of Civil Procedure for the District Courts of the United States, 28 U.S.C., the defendants move to have the verdict for plaintiff set aside and for judgment in their favor. The defendants’ motion for dismissal, pursuant to Rule 50(a), which was made at the close of the evidence offered by the plaintiff, was…