Robert v. Samuel L. Moore & Sons

The opinion of the court was delivered by

Lippincott, J.

The plaintiff in this action was injured whilst in the employment of the defendants, and on April 21st, 1897, he commenced an action in this court, laying the venue in the county of Union.

The cause was tried in the Union Circuit and resulted in a nonsuit of the plaintiff by the trial justice. No postea was ever filed nor judgment of nonsuit entered, nor was the cause discontinued and no other proceeding taken therein.

On February 28th, 1898, a second action was commenced *619by the same plaintiff against the same defendants, with the venue…