JOHNSON v. NEW YORK, N. H. & H. R. CO.

No. 40.

344 U.S. 48 (1952)

JOHNSON, ADMINISTRATRIX, v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO.

Supreme Court of United States.

Decided November 17, 1952.


Attorney(s) appearing for the Case

Jacquin Frank argued the cause for petitioner. With him on the brief was Herman B. Gerringer.

Robert M. Peet argued the cause for respondent. With him on the brief was Edward R. Brumley.


MR. JUSTICE BLACK delivered the opinion of the Court.

This case raises questions concerning the power of a Court of Appeals to render judgment for a defendant instead of merely ordering a new trial after it has set aside a jury verdict and trial court judgment for a plaintiff.

The petitioner sued the respondent railroad under the Jones Act, 46 U. S. C. § 688, for wrongful death of her husband. When the evidence was all in, the railroad moved to dismiss...

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