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Civil Procedure Keyed to Field
Cone v. West Virginia Pulp & Paper Co.
Citation:
330 U.S. 212 (1947)Facts
Petitioner Cone brought this diversity action in South Carolina state court, which was removed to Federal District Court, claiming $25,000 in damages for trespass and timber cutting on lands he owned and possessed. Respondent denied petitioner’s title and possession, making both crucial issues at trial with the burden of proof on petitioner. After all evidence was introduced, respondent moved for directed verdict on grounds that petitioner failed to prove ownership or possession, which was denied. The jury returned a verdict for petitioner for $15,000, and judgment was entered. Respondent moved for new trial based on newly discovered evidence, which was denied, but did not move for judgment notwithstanding the verdict under Rule 50(b). The Circuit Court of Appeals found prejudicial evidentiary error and held petitioner’s evidence insufficient to submit title and possession questions to the jury, then reversed and directed judgment for respondent rather than remanding for new trial.
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