This section contains the nature of the case and procedural background.

Neely (P) sued Martin (D) for negligence in the construction, maintenance, and supervision of a scaffold platform used in construction of a missile silo. P's father was killed in a fall from that platform. P sued D, and at the close of evidence, D moved for a directed verdict. The trial judge denied that motion. The jury gave the verdict to P and D moved for a judgment n.o.v. or in the alternative a new trial. They were denied, and D appealed. The Appeals Court held that the evidence at trial was insufficient to establish proximate cause or negligence. The Court of Appeals dismissed the case. The Supreme Court granted certiorari; P claims that she had no opportunity to raise a claim for a new trial and thus the dismissal violated the Seventh Amendment.

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