1 F.R.D. 771 | W.D. La. | 1941
The question presented in these cases is as to whether or not the plaintiffs’ ap
The action is one for damages for personal injury, which ordinarily is peculiarly a jury case. It is said by defendant that there are complicated questions of law on the question of agency, but there seems no reason why the court could not properly instruct the jury on these matters. While the plaintiffs are not entitled as a matter of right under the Rules to trial by jury, I believe the court has a discretion to allow the jury anyway. The affidavits by the plaintiffs’ counsel are to the effect that the failure to ask for ■a jury was an oversight, and in any event, the delay was not more than five days.
My conclusion is that both of these cases should be tried by jury and it is accordingly so ordered.