State Ex Rel. Larkin v. Bird

We have for consideration the motion of relators for a peremptory writ of mandamus directing the circuit judge to proceed with the trial of a common law suit stayed by him under the circumstánces which we will describe.

The relators sued Webb’s Cut Rate Drug Store for damages said to have been sustained because of a slippery floor in the building of the defendant, and after all testimony had been offered, a motion was presented by defendant for an instructed verdict in its behalf. Upon indication by the Court that the motion would be granted, the plaintiffs asked for a nonsuit which was…