Louisville, New Albany & Chicago Railway Co. v. Worley

The appellee’s complaint is in one paragraph, and, as originally drawn, sought a recovery for thirteen mules ¡killed by one of the appellant’s trains. On the trial it appeared that the mules were killed by different trains and at different times, whereupon the appellee dismissed as to the .mules killed by the north bound train, and of the ruling permitting this to be done appellant complains.

There can be no doubt under our statute and our decisions, that a plaintiff may dismiss his action at any time before the jury retire. This general doctrine we do not undei’stand the .-appellant’s counsel…