Supreme Court of Georgia, 1902

Pitts v. Florida Central & Peninsular Railroad

Pitts v. Florida Central & Peninsular Railroad
Supreme Court of Georgia · Decided July 22, 1902 · Simmons
115 Ga. 1013; 42 S.E. 383; 1902 Ga. LEXIS 682

Pitts v. Florida Central & Peninsular Railroad

Opinion of the Court

¡Simmons, C. J.

1. After a plaintiff has closed his evidence and the court has granted a nonsuit, but before the order has been written or entered upon the minutes, a motion to reopen the case is addressed to the sound discretion of the court, and its refusal will not be interfered with by this court.

.2. Under the facts disclosed by the record, there was no error in granting a non-suit.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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