Henthorn v. Collins

Believing that the majority opinion represents an unnecessarily harsh construction of a statute which has been characterized as “highly remedial”, I respectfully dissent.

The majority opinion states that it “clearly” appears that the allegation that the trial court directed a verdict against the plaintiff “does not amount to a dismissal or abatement of the action;” and that the allegations ‘ ‘ do not establish an involuntary dismissal or abatement of the action first instituted, * * *.”

It is true that a plaintiff may be permitted to take a nonsuit immediately after the court, out of the…