Grafton, June 1882.

In an action, given by statute (Gen. St., c. 69, s.1) to a traveller, against a town for an injury caused by a defect in a highway, a right of trial by jury is not secured to the defendant by the constitution.
Under Gen. Laws, c. 231, s. 10, such a case may be committed to one or more referees without the defendant's consent.

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