Legal Opinion

Hargreaves v. Roxy Theatre, Inc.

District Court, S.D. New York

Decided October 7, 1940PublishedCited by 6 opinions

1Opinion of the Court

HULBERT, District Judge.

Plaintiff moves for an order under Rule 39(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for a trial by jury of the issues in this action and directing that the action be transferred to and placed on the jury calendar.

The action is to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence. Issue was joined by the filing of defendant’s answer on August 29, 1940 and the clerk thereupon placed the action on the non jury calendar.

The right of trial by jury as declared by the Seventh Amendment…

2Cited by6 opinions

  1. William Goldman Theatres, Inc. v. KirkpatrickCourt of Appeals for the Third Circuit · 1946
  2. Cataldo v. E. I. Du Pont De Nemours & Co.District Court, S.D. New York · 1966
  3. Ligouri v. New York, New Haven & Hartford RailroadDistrict Court, D. Connecticut · 1961
  4. Delaware ex rel. General Crushed Stone Co. v. Massachusetts Bonding & InsuranceDistrict Court, D. Delaware · 1942
  5. Previn v. BarellDistrict Court, E.D. New York · 1953

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