Greene v. City of Chicago

I would reverse this cause due to the failure of the trial court to grant the City a jury trial. In my opinion the cause should be remanded for a new trial before a jury.

I

At the outset I recognize that this issue must be resolved by determining whether the trial court abused its discretion when it denied the City’s motion for a jury trial after the City failed to file a jury demand in accordance with section 64 of the Civil Practice Act. Based on the facts and circumstances of this case I think the denial of the motion was a clear abuse of discretion.

The complaint was filed August 3, 1971.…