Axelrod v. Howell
This text of 195 A. 879 (Axelrod v. Howell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
After all the evidence on both sides had been given, and, following his address to the jury, plaintiffs’ counsel stated to the trial judge that his clients desired to *298 suffer a voluntary nonsuit. Defendant’s attorney objected, giving as Ms reason that argument to the jury had been made by his opponent. The judge refused leave to enter the nonsuit, the trial proceeded, and resulted in a verdict in favor of defendant. Upon subsequent consideration, the judge reached the conclusion, “reluctantly,” that under the law in Pennsylvania a plaintiff has the right to suffer a voluntary nonsuit at any time before the jury is ready to render its verdict. This determination was correct: Felts v. Del., Lack. & West. R. R. Co., 170 Pa. 432, 33 A. 97; Crumley v. Lutz, 180 Pa. 476, 36 A. 929; James v. Bream, 263 Pa. 305, 106 A. 722.
Appeal dismissed at appellant’s cost.
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Cite This Page — Counsel Stack
195 A. 879, 328 Pa. 297, 1938 Pa. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/axelrod-v-howell-pa-1937.