Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held, objection overruled. Both issues will be tried to a jury in order to avoid two trials. Thorla v. Louisiana Midland Railway Co., (D.C. La. 1950) 90 F. Supp. 553.
William O. Allen,
FEDERAL PROCEDURE-JOINDER OF LEGAL AND EQUITABLE CLAIMS-TRIAL BY JURY,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol49/iss7/11