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Federal Procedure - Judgments - Motion For Judgment Notwithstanding The Verdict Required Before Appellate Court Can Enter Judgment, Joseph M. Kortenhof, S.Ed.
Federal Procedure - Judgments - Motion For Judgment Notwithstanding The Verdict Required Before Appellate Court Can Enter Judgment, Joseph M. Kortenhof, S.Ed.
Michigan Law Review
Petitioner brought suit against respondent railroad under the Jones Act for the wrongful death of her husband. At the completion of all the evidence, the railroad moved to dismiss the complaint and further asked for a directed verdict. The trial court submitted the case to the jury reserving its decision on the motion. A verdict was returned for the petitioner. Within ten days of the verdict, the railroad moved to have the verdict set aside on the ground that it was excessive, contrary to the law, to the evidence, and to the weight of the evidence. Two months later the …
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Michigan Law Review
Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …