Charles Barringer, administrator of the estate of Mary Anne Barringer, plaintiff, and William Charles Barringer in his own right. This motion was granted and allowance given by the Court on the 27th day of November, 1946.
*560 All of the causes of action arise as a result of a rear-end collision between a motor vehicle owned by the plaintiff Barthol Stafford, and operated by the plaintiff William Charles Barringer, and a tractor-trailer motor vehicle owned by the Roadway Transit Company. Barthol Stafford, Margaret Stafford and Mary Anne Barringer were occupants of the passenger motor vehicle at the time of the collision.
The plaintiffs failed and neglected to request a jury trial within the period of time provided by the Federal Rules of Civil Procedure, rule 38 (b). Motion was subsequentlythe circumstances which surrounded the accident, and no useful purpose would be gained by referring specifically to the testimony of each witness called by the respective party litigants. The pertinent facts are as follows:
On the night of June 20, 1942, arrangements had been made by the Barringer and Stafford families that a trip would be taken from Erie, Pennsylvania, to Buffalo, New York, for the purpose of attending a midnight show in the City of Buffalo, this being a Saturday night. The two families had been friends, and about 8:30 in the evening on June 20, 1942, Barthol Stafford and his wife drove to the Barringer home, and then the trip was made to Buffalo. The automobile used for the occasion was a 1940 Chevrolet sedan and was