SAMUEL, Judge.
On June 1, 1964 plaintiff filed this suit for damages arising out of an automobile accident. The petition contained a prayer for trial by jury. In due course the defendant was served and filed its answer. On July 13, 1964, after the answer had been filed and upon motion made by the defendant, the court set the case for trial on its merits on the court's regular, i. e. nonjury,
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