Legal Opinion
Mason v. British Overseas Airways Corp.
District Court, S.D. New York
Decided January 3, 1957PublishedCited by 16 opinions
1Opinion of the Court
FREDERICK VAN PELT BRYAN, District Judge.
Plaintiff moves pursuant to Rule 39 (b), Fed.Rules Civ.Proc. 28 U.S.C.A., to be relieved of a waiver of jury trial by reason of his failure to make a timely demand as required by Rule 38, F.R.C.P.
The complaint in this negligence action was filed on May 18, 1956 and issue was joined by the service of the answer on June 18, 1956. Thus, in the ordinary course, the jury demand should have been served and filed within ten days after June 18.
The complaint was drawn by a Vermont attorney who states that it is the practice in the Vermont District to place all…
2Cases cited2 opinions
- Polak v. Koninklijke Luchtvaart Maatschappij N. V. KLM Royal Dutch Airlines HollandDistrict Court, S.D. New York · 1956
- Steiger v. MullaneyDistrict Court, S.D. New York · 1948
3Cited by16 opinions
- M. D. Rutledge v. Electric Hose & Rubber CompanyCourt of Appeals for the Ninth Circuit · 1975
- Hedtcke v. Sentry InsuranceWisconsin Supreme Court · 1982
- Davidson v. KeenanCourt of Appeals for the Second Circuit · 1984
- Cataldo v. E. I. Du Pont De Nemours & Co.District Court, S.D. New York · 1966
- Driver v. Gindy Manufacturing Corp.District Court, E.D. Pennsylvania · 1959
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