Norfolk & Dedham Mutual Fire Insurance v. A & W Artesian Well Co.

The plaintiff selected the District Court as the place of trial. It is clear from the provisions of the first sentence of G. L. c. 231, § 103, as appearing in St. 1975, c. 377, § 103, that by that selection the plaintiff waived its right to a trial by jury and (in the circumstances of this case) could regain that right only if the defendant should remove the action to the Superior Court (under G. L. c. 231, § 104), “in which case the plaintiff [would] have the same right to claim a jury trial as if the action . . . had been originally brought in the superior court.” The defendant did remove…