Elmore v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Elmore v. New York City Railway Co.

51 Misc. 675, 100 N.Y.S. 1019

Appellate Terms of the Supreme Court of New York·Decided July 1, 1906·Published

Opinion

Per Curiam.

The statute does not require both parties to demand a jury in order to secure the rights of both thereto. The record herein does not show that the plaintiff waived a jury at any stage of the case. Under the circumstances disclosed it was error for the learned justice to proceed to trial without a jury. The legal rights of the parties are correctly stated in Sherwood v. N. Y. Telephone Co., 46 Misc. Rep. 102.

Gildersleeve and Dowling, JJ., concur; Dugro, J., taking no part.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Per Curiam.

The statute does not require both parties to demand a jury in order to secure the rights of both thereto. The record herein does not show that the plaintiff waived a jury at any stage of the case. Under the circumstances disclosed it was error for the learned justice to proceed to trial without a jury. The legal rights of the parties are correctly stated in Sherwood v. N. Y. Telephone Co., 46 Misc. Rep. 102.

Gildersleeve and Dowling, JJ., concur; Dugro, J., taking no part.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

Elmore v. New York City Railway Co., 51 Misc. 675, 100 N.Y.S. 1019 (N.Y. Ct. App. 1906).

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