Plimpton v. Town of Somerset
Supreme Court of Vermont
Case to recover damages for injuries sustained by reason of the insufficiency of a highway in the town of Somerset. At the April Term, 1857, the plaintiff moved that the cause be referred to commissioners in conformity with the law of 1856, entitled “ an act providing for the reference of actions in the county court.”
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Case to recover damages for injuries sustained by reason of the insufficiency of a highway in the town of Somerset. At the April Term, 1857, the plaintiff moved that the cause be referred to commissioners in conformity with the law of 1856, entitled “ an act providing for the reference of actions in the county court.” (Acts of 1856, No. 6, p. 10)*. The defendants objected to such reference, but the court, — Underwood, J., presiding, — overruled the objection and referred the case to commissioners, to which the defendant excepted. At the April Term, 1858, the cause came on for trial by jury,…
1Opinion of the CourtAldis, J.
The main question in this case is as to the constitutionality of the reference act of 1856. The act was repealed in 1857, apd hence the question which here arises is but of little practical importance, so far as the application of that law is con*289cerned. But the principle involved tests the constitutional power of the legislature to enact such or any similar law affecting the trial by jury. In this aspect it becomes an important question. As the case has been twice argued and has received the attention of all the judges who compose the court, we have concluded to decide it at this time,…
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