Wooster v. Plymouth
Supreme Court of New Hampshire
Case, on Gen. St., c. 69, s. 1, for an injury happening to a traveller, March 3, 1876, by reason of a defect in a highway. The action was entered at the November term, 1876. After one jury trial at the May term, 1877, and another at the November term, 1878, both juries failing to agree, the plaintiff moved that the case be committed to one or more referees, and the defendants objected. The amount in controversy exceeds $100.
1Opinion of the CourtDoe, C. J.
—“The court may, . . . with or without the consent of the parties or either of them, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in said court, wherein the parties are not, as matter of right, entitled to a trial by jury.” G. L., o. 231, s. 10. In this traveller’s highway-suit against a town, the plaintiff moves for a reference. The defendants object; and claim a constitutional right to a jury trial. And the question arises, whether, in the vindication of rights purely public, the state is constitutionally entitled to…
2Cases cited59 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
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3Cited by18 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Sousa v. StateSupreme Court of New Hampshire · 1975
- Town of Nottingham v. HarveySupreme Court of New Hampshire · 1980
- Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908
- Estate of LaRoche v. DoeSupreme Court of New Hampshire · 1991
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