Lebrun v. Boston & Maine Railroad

1. “Each party in a civil cause is entitled to three peremptory challenges of jurors drawn for the trial. The peremptory challenges shall be exercised alternately, beginning with the plaintiff.” P. L., c. 339, s. 19.

On impaneling the jury both the plaintiff and the defendant exercised their first challenges. The plaintiff waived his second challenge and the defendant did likewise. When the plaintiff attempted to exercise his third challenge, objection being made, the court ruled that he was not entitled to a third challenge, to which ruling he excepted. The plaintiff’s position in argument…