Texas Electric Ry. v. Cox

Defendant in error brought this suit in the district court of Grayson county to set aside a judgment rendered in said court in favor of plaintiff in error and to recover damages for an alleged personal injury.

At the close of the evidence, in a jury trial, plaintiff in error filed its motion for an instructed verdict. The district judge, after hearing the same, retired to his office, and prepared a peremptory instruction, and was ready to read the same to the jury when defendant in error’s counsel aslced that he be permitted to take a nonsuit. This request was denied, and the jury was…