Colorado Fuel & Iron Co. v. Menapace

Only matters of practice are involved in this hearing. Menapace brought suit against the fuel and iron company to recover damages for personal injuries. He was allowed to prosecute as a poor person. On the conclusion of his case the defendant company moved for a nonsuit for insufficiency of proof. The matter was argued and the court, as the bill of exceptions recites, commenced to state his conclusions about the matter, sugg'esting to the plaintiff’s counsel that probably he better take a voluntary nonsuit. Accepting the suggestion, the plaintiff asked for a nonsuit which was granted. The…