Pfleeger v. SWANSON

This is an action to recover damages for personal injuries sustained by plaintiff when his automobile collided with a truck operated by defendants. During the voire dire examination of the jurors the plaintiff moved for a voluntary nonsuit, which motion was denied. The trial continued and resulted in a verdict for the defendants, and from the judgment entered thereon plaintiff appeals.

The sole question presented is whether plaintiff, before the selection of the jury had been completed, was entitled to a voluntary nonsuit as a matter of right.

At common law plaintiff was entitled to a voluntary…