Wratchford v. S.J. Groves & Sons Company

405 F.2d 1061 (1969)

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Nature of the Case

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Facts

The case was presented and the trial court determined that the Maryland standard of liability and that because the injury was shown to have occurred with equal probability in each of two ways, only one of which would have been D's responsibility, it was the duty of the court to direct a verdict for D. It was on this basis that the court directed a verdict for D. After filing a notice of appeal, P filed a motion under Rule 60(b) contending for the first time that the more liberal federal standard applied to the case. The District Court denied the motion on its merits, and no appeal was taken from the denial of that motion.