RAYMOND v. COSTALLAS


364 Pa. 87 (1950)

Raymond v. Costallas, Appellant.

Supreme Court of Pennsylvania.

January 3, 1950.


Attorney(s) appearing for the Case

Thomas E. Comber, Jr., with him Pepper, Bodine, Stokes & Hamilton, for appellant.

Joseph G. Feldman, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE JONES, January 3, 1950:

This appeal arises out of an action for damages for personal injuries and raises the question whether the plaintiff's right to take a voluntary nonsuit had expired when he sought to exercise it in the following circumstances.

When the jurors had returned to the court room after their deliberation on the case but before they had announced their readiness to render a verdict, the plaintiff moved for a voluntary...

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