Rohr v. Chicago, North Shore & Milwaukee Railroad

It is apparent that the plaintiff’s attorney labored under the misapprehension that he was entitled to a voluntary nonsuit as a matter of course. Such is not the law. The authorities in this jurisdiction upon that question were recently fully reviewed in Obermeier v. Milwaukee E. R. & L. Co. 177 Wis. 490, 188 N. W. 603, resulting in the conclusion that a motion for a voluntary nonsuit, even though made before argument of the cause to the jury, is addressed *109to the sound discretion of the court. The denial of plaintiff’s motion for a nonsuit was therefore within the power of the court, and the…