Russell v. Casebolt

EAGER, Judge.

This is, or was, a suit for personal injuries, and it suffered a very unusual ending. At the conclusion of all the evidence, and on June 28, 1962, the Court overruled an oral motion of one defendant to dismiss, and sustained the motion of the other defendant for a mistrial, resetting the case. On July 10, 1962, the Court reconsidered the motion to dismiss, sustained it, and dismissed plaintiff’s petition with prejudice. The stated grounds were: “ * * * because plaintiff testified in this Court that her prior inconsistent statements given under oath by deposition were untrue and…