Sunday, November 29, 2015

Dyer v. Macdougal case brief summary

Dyer v. Macdougal case brief 
1952 Ct of Appeals 

Facts: A trial judge granted jnov but denied a new trial saying it is his judgment that evidence was insufficient to go to a jury but if he was wrong, does not think a new trial is needed without other errors

Reasoning: First case where the court reversed the trial judge’s decision. The appeals thought that the evidence is overwhelmingly against the plaintiff but even so, jnov was not justified. This is because there was some evidence that the at plaintiff actually was hurt as he claims but because trial judge does not believe it, does not mean jnov should be granted. Also said that trial judge can grant a new trial even WITHOUT any errors. Judge had a misconception that a new trial is granted only if errors are present which is not true. 

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