Barrett v. Virginian Ry. Co., 250 U.S. 473 (1919)

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Barrett v. Virginian Railway Company

No. 275

Submitted March 21, 1919
Decided June 9, 1919
250 U.S. 473

CERTIORARI TO TUE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

The right to take a voluntary nonsuit is substantial, and when and how it may be asserted are questions relating directly to practice and mode of proceeding within the intendment of the Conformity Act. P. 476.

Under the law of Virginia, in the absence of a demurrer to the evidence and joinder therein, the plaintiff may take a nonsuit at any time before the retirement of the jury. P. 477.

A motion by defendant for a directed verdict at the conclusion of the testimony, when made in a federal court in Virginia, is not equivalent to a demurrer to the evidence, and the making of such a motion and its impending allowance do not place the plaintiff’s right to take a nonsuit at the sound discretion of the court. Id.

244 F. 397 reversed.

The case is stated in the opinion.