Chanowski v. Bourne

This matter comes to us by way of a report submitted by the Presiding Justice of the Newton District Court pursuant to G.L.c. 218, §23, G.L.c. 231, §108, and Rule 5 of the District/Municipal Courts Rules for Appellate Division Appeal.

The plaintiff, Fred Chanowski, filed a small claims action against Sam Bourne, the president of Castle Wood Floors, Inc. The clerk-magistrate found for the plaintiff, and judgment entered. The defendant, Castle Wood Floors, Inc., sought an appeal for a trial “by a jury of six persons.” That request was denied by the judge, who noted that the defendant had failed…