Watson v. Providence Washington Ins. Co

This is an appeal from a judgment for defendant in an action on a policy of marine insurance. This action was instituted in a state court and was removed into the court below on the ground of diversity of citizenship and was docketed as a civil action. In a reply filed to the answer and counterclaim of the defendant, plaintiff demanded a jury trial of the issues raised in the pleadings “in accordance with rule 38 of Civil Procedure”. The demand for trial by jury was subsequently waived and trial was had before the District Judge without a jury; but trial was had in accordance with the rules…