Chicago, M. & St. P. Ry. Co. v. Metalstaff

THAYER, Circuit Judge..

In this case, which was a suit for personal injuries, after the conclusion of the plaintiff’s testimony, the plaintiff in error, who was the defendant below, asked an instruction in the nature of a demurrer to the evidence directing the jury to return a verdict in favor of the defendant railway company. The trial court announced its intention to give the instruction; whereupon, before the jury had retired from the court room or returned a verdict, the plaintiff below, through his counsel, asked leave to take a nonsuit. The trial court granted such leave, holding that it…