Jones v. Chicago, Burlington & Q. R.
Wyoming Supreme Court
Error to the District Court of Sheridan County; Hon. Carroll H. Parmelee, Judge. The plaintiff in error brought an action below for damages for personal injuries. The cause was tried to a jury, which, failing to agree, was discharged without rendering a verdict. A motion theretofore made to direct a verdict for defendant, having been overruled, was then reconsidered by the court and sustained and a judgment was entered by the court dismissing the cause.
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Error to the District Court of Sheridan County; Hon. Carroll H. Parmelee, Judge. The plaintiff in error brought an action below for damages for personal injuries. The cause was tried to a jury, which, failing to agree, was discharged without rendering a verdict. A motion theretofore made to direct a verdict for defendant, having been overruled, was then reconsidered by the court and sustained and a judgment was entered by the court dismissing the cause. The chief question presented for review is, as to the authority of the court to render judgment after discharging the jury and in the absence…
1Opinion of the Court
Potter, Chief Justice.
This cause is here on error. The action is one for damages for personal injuries, and was not triable without a jury unless a jury trial was waived, with the assent of the court, in the manner provided by statute. The record shows that issues of fact were presented by the pleadings, consisting of the petition, answer and reply; that on June 24, 1913, a jury was impaneled and sworn to try the cause; that the trial was proceeded with by the introduction of evidence, and on June 25, 1913, at the conclusion of the evidence, and after being instructed by the court and hearing…
2Cases cited51 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Hodges v. EastonSupreme Court of the United States · 1882
- Stein v. United R.R. of S.F.California Supreme Court · 1911
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
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3Cited by8 opinions
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
- Chau v. City of SeattleCourt of Appeals of Washington · 1991
- Campbell v. WellerWyoming Supreme Court · 1917
- Boam v. SewellIdaho Supreme Court · 1925
- Knorr v. Velva Supply & MacHine Co.North Dakota Supreme Court · 1931
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