MORGANTOWN v. ROYAL INS. CO.

No. 396.

337 U.S. 254 (1949)

CITY OF MORGANTOWN v. ROYAL INSURANCE CO., LTD.

Supreme Court of United States.

Decided June 6, 1949.


Attorney(s) appearing for the Case

Mary Frances Brown argued the cause, and W.G. Stathers filed a brief, for petitioner.

James M. Guiher argued the cause for respondent. With him on the brief was Louis A. Johnson.


MR. JUSTICE MURPHY delivered the opinion of the Court.

This case raises two questions: the appealability of an order denying a demand for trial by jury in a federal court, and whether the constitutional right to a jury applies to the trial of an issue of mutual mistake.

The facts are these. Petitioner in August of 1947 was carrying insurance with respondent on a hangar at its Municipal Airport. The policy by its terms...

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