Allworth v. Interstate Consol. Railway Co.

Per Curiam.(1) The plaintiff claimed a jury trial in writing and endorsed his claim upon the copy of the declaration required to be filed for the use of the defendant by the provisions of section 1, chapter 845, Public Laws, and the same was seasonably filed in the Common Pleas Division. Subsequently the defendant withdrew such copy for his own use, and inasmuch as there then remained no record evidence of such claim, the case was certified to the Appellate Division under the provisions of section 6, chapter 238, General Laws, and the plaintiff has subsequently filed a written waiver of said…