Beene v. Cook

I

SHRIVER, J.

The parties will be referred to as plaintiffs and defendant as they appeared in the Court below.

These two actions of damage arose from the same accident and were tired together and have been consolidated for this appeal.

There were two trials of these cases in the Court below. At the first trial, after the jury had retired to consider its verdict, tlie plaintiffs moved the Court for a leave to take a non-snit and said motion was granted.

Defendant insists that this action resulted in a dismissal of the canses with prejudice and that the rights of action of the plaintiffs were at an…