Southwell v. Robertson

DICKINSON, District Judge.

Leave was given to submit briefs.

This case was tried after the new Procedure Rules went into effect. What more than a change in terminology they effect is doubtful. Before them and without them what was done in this case was to grant a non-suit. The plaintiff’s remedy under the Pennsylvania practice would be or at least might be, to move to take off the non-suit. If the motion prevailed the case would be retried. It thus had the effect of a motion for a new trial. If the motion to take off the non-suit was refused, under the Pennsylvania practice, it had the effect…