Axelrod v. Howell

Per Curiam,

After all the evidence on both sides had been given, and, following his address to the jury, plaintiffs’ counsel stated to the trial judge that his clients desired to suffer a voluntary nonsuit. Defendant’s attorney objected, giving as Ms reason that argument to the jury had been made by his opponent. The judge refused leave to enter the nonsuit, the trial proceeded, and resulted in a verdict in favor of defendant. Upon subsequent consideration, the judge reached the conclusion, “reluctantly,” that under the law in Pennsylvania a plaintiff has the right to suffer a voluntary…