Keiper v. Northwestern Pacific Railroad Co.

*713CAETEE, J.

This case was tried before a most able and conscientious judge and a jury composed of substantial citizens of Mendocino County. The effect of the decision of the District Court of Appeal is to deny plaintiff a jury trial in a case where such a trial is a matter of right under both the Constitution of the United States and of California as well as under federal and state statutes.

Since this is a case which may be reviewed by the Supreme Court of the United States, I am constrained to file a dissenting opinion to the order of the Supreme Court of California denying plaintiff a hearing…