Wright v. Atchison, Topeka & Santa Fe Railway Co.

JOHN W. OLIVER, District Judge.

These consolidated cases pend on the following timely filed post-trial motions:

1. Plaintiffs’ motion for partial new trial on the sole issue of damages; and

2. Defendant’s motion for judgment notwithstanding the verdict.

For the reasons we shall state in some detail, plaintiffs’ motion will be denied; defendant’s motion will be granted; and, consistent with the rationale of Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 61 S.Ct. 189, 85 L.Ed. 147 (1940), and the 1963 Amendments to Rule 50 of the Rules of Civil Procedure, we indicate that if the judgment entered…