Morrisey v. Chicago & Northwestern Railway Co.

— The question certified is whether the court erred in permitting the plaintiff to dismiss his action at the following stage of the trial: Plaintiff having introduced all his evidence and rested, defendant made a motion to instruct the jury to find for the defendant, which, being fully submitted, the court stated that it thought the motion ought to be sustained, and indicated that he would sustain it, but had not yet made the entry on the calendar, nor directed for the defendant.” The plaintiff’s attorney then asked leave to dismiss, to which defendant objected, on the ground that the case…