Cone v. West Virginia Pulp & Paper Co.

330 U.S. 212 (1947)


P sued D for trespass and cutting timber on his land. D denied that P had title to the land. The burden of proof as to title rested with P. After the presentation of evidence, D moved for a directed verdict in that P had failed to prove ownership or that he was in possession. That motion was denied. P got the verdict for $15,000. D moved for a new trial on the grounds of newly discovered evidence. That motion was denied. D did not move for a judgment n.o.v. The court of appeals reversed holding that certain evidence was inadmissible and that P's evidence showing possession was insufficient. The appeals court directed that judgment be entered for D.