Shulinsky v. Boston & Maine Railroad

It is not necessary to consider whether the statutory requirement that jurors shall be indifferent (P. L., c. 321, s. 31) could be found to be complied with. By P. L., c. 339, s. 19, each party in a civil cause may take three peremptory challenges. If this right of challenge is lost or impaired, the statutory conditions and terms for setting up an authorized jury are not met.

“The right to challenge a given number of jurors without showing cause is one of the most important of the rights secured to the accused. . . . Any system for the empanelling of a jury-that prevents or embarrasses the…