Raymond v. Costallas

Opinion by

Mr. Justice Jones,

This appeal arises out of an action for damages for personal injuries and raises the question whether the plaintiff’s right to take a voluntary nonsuit had expired when he sought to exercise it in the following circumstances.

When the jurors had returned to the court room after their deliberation on the case but before they had announced their readiness to render a verdict, the plaintiff moved for a voluntary nonsuit. The learned trial judge refused the motion, as having come too late, and noted the plaintiff an exception. Thereupon the clerk inquired, — “Members of…