Ransom v. Staso Milling Co.

LEAMY, District Judge.

The plaintiffs have filed a demand for a jury trial of any issue triable of right by jury, and the defendant has moved that the demand be denied and that the case be placed upon the Court calendar. The basis of the motion is the assertion that the remedy sought is equitable and not within the province of a jury.

In order to determine the validity of the plaintiffs’ demand an examination of the complaint is necessary.

Paragraph two of the complaint alleges in substance that in wilful violation of the rights of the plaintiffs, that the defendant negligently, and without…