O'Brien v. Boston Elevated Railway Co.

This is a petition to establish the truth of exceptions alleged to have been taken by the Boston Elevated Railway Company in two actions against it by James O’Brien and Timothy O’Brien. The petition was referred to a commissioner, whose report forms the basis of this judgment.

1. The regularity of a peremptory challenge to a juror was questioned. Twelve jurymen had been called to take their seats in the usual way. The plaintiffs challenged one, whose place was filled by calling another. The clerk then asked the defendant to exercise its right of challenge, and the defendant challenged one…