Turr v. Terminal Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon., J. Hugo Grimm, Judge. The court erred in setting aside the voluntary non-suit taken by plaintiff. .(1) Because when a voluntary nonsuit is taken plaintiff abandons the suit, and it is ended. Karnes v. American Fire Ins. Co., 53 Mo.
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Appeal from St. Louis City Circuit Court. — Hon., J. Hugo Grimm, Judge. The court erred in setting aside the voluntary non-suit taken by plaintiff. .(1) Because when a voluntary nonsuit is taken plaintiff abandons the suit, and it is ended. Karnes v. American Fire Ins. Co., 53 Mo. App. 439; Chouteau v. Rowse, 90 Mo. 195; Wiethaupt v. St. Louis, 158 Mo. 659; Mason v. Railroad, 226' Mo. 226; Simpson v. Brock, 40 S. E. (Ga.) 226; .Murray v. M’Dougall, 3 N. J. Law. 512; Manning v. Insurance Company, 176 Mo. App. 684. (2) Because though it be held that the court during the term can control its…
1Opinion of the CourtFaris, J.
Plaintiff sued defendant for the alleged tortious killing of her husband by one whom she averred to have been an employee of defendant. Having failed, as she deemed, to prove upon the trial that the person who killed her husband was in -fact the servant of defendant at the time her husband was killed, she took a voluntary nonsuit.
Afterwards, at the same term, plaintiff filed her motion to set aside this nonsuit and re-instate the case upon the trial docket; which motion the court nisi sustained. Thereupon, and at the same term, but nine days after the case was thus re-instated upon the *237docket,…
2Cases cited3 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Holdridge v. MarshMissouri Court of Appeals · 1887
3Cited by5 opinions
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Segall v. GarlichsSupreme Court of Missouri · 1926
- McCormack v. DunnMissouri Court of Appeals · 1937
- McFarland v. O'ReillySupreme Court of Missouri · 1925
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936