
    Arthur Elmore, Appellant, v. The New York City Railway Company, Respondent.
    Municipal Courts — Procedure — Jury — Waiver of jury.
    Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, third district, borough of Manhattan.
    E. V.' R. Ketchum, for appellant.
    Henry J. Smith, for respondent.
   Per Curiam.

The statute does not require both parties to demand a jury in order to secure the rights of both thereto. The record herein does not show that the plaintiff waived a jury at any stage of the case. Under the circumstances disclosed it was error for the learned justice to proceed to trial without a jury. The legal rights of the parties are correctly stated in Sherwood v. N. Y. Telephone Co., 46 Misc. Rep. 102.

Gildersleeve and Dowling, JJ., concur; Dugro, J., taking no part.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  