McNichol v. Consumers' Power Co.

TUTTLE, District Judge.

This is a motion for a new trial. The sole question involved is whether, under the circumstances disclosed, fine plaintiff is entitled to a voluntary nonsuit.

The action is trespass on the case for damages. On the trial in open court, after opening statements by counsel for both parties, six witnesses were sworn on behalf of the plaintiff, and examined and cross-examined by counsel for plaintiff and defendant, respectively. Thereupon, without resting her case, the plaintiff moved for a voluntary nonsuit. By affidavit filed in the cause, it appears that defendant had…