Consumers' Power Co. v. McNichol

The single question presented by this writ is whether the trial court rightly permitted plaintiff (defendant- in error here) to submit to a voluntary nonsuit against defendant’s objection, and before plaintiff had announced that her testimony was con-*530eluded and before any witnesses had been sworn by defendant. For the trial court’s opinion, see 274 Fed. 478.

In our opinion, the question must be answered in the affirmativfe. At the common law, as generally construed, plaintiff was entitled as of right to take a nonsuit at any time before verdict,, or at least before the jury retires to consider…