Carter v. Baltimore & Ohio Railroad

The defendant has filed a motion to dismiss the above entitled case. The substantial question involved is whether the plaintiff is entitled to demand a jury trial.

Rule 38 of the Federal Rules of Civil Procedure, 28 U.S.C.A., provides in part: “The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. Any party may demand a trial by jury of any issue triable of right by a jury by serving on the other parties a demand therefor in writing at any time after the commencement of the…