Chevalier v. Chicago Transit Authority

Niemeyer, J.,

specially concurring: I concur in the result but not for the reasons assigned.

On March 20, 1947, defendant served notice of the filing of a “written motion for a new trial non obstante veredicto,” to which was attached a paper entitled “Motion for Judgment Notwithstanding the Verdict, and in the alternative, Motion for a New Trial,” which is a motion for a judgment notwithstanding the verdict in the usual form, and then an alternative motion asking the court “to set aside the verdict returned by the jury in this cause and the judgment entered therein, and to grant a new trial” in…