53 Conn. 1 | Conn. | 1885
This is a civil action claiming damages for an injury received by the plaintiff from a fall upon a sidewalk of the defendant city left in a dangerous condition through the negligence of the defendants. The defendants suffered a default and were heard in damages. Before the hearing the plaintiff filed a motion to have the damages assessed by a jury. The judge overruled the motion and assessed the damages at sixty dollars. The first reason assigned by the plaintiff upon his appeal is the error of the court in this ruling.
The counsel for the plaintiff claim that under the provision of the constitution that “the right of trial by jury shall remain inviolate,” his right to a trial of his case by a jury cannot be taken away; but, as has been repeatedly held, this provision of the constitution secures the right of trial by jury only where it existed when the constitution was adopted. It does not create the right; it only preserves it. But it had never been the practice to have damages upon a default assessed by a jury. It had always been done by the -court. This provision of the constitution has therefore no application to the case. 2 Swift’s System, 268; 1 Swift’s Digest, 784; Cockran v. Leister, 2 Root, 348; Raymond v. Danbury & Norwalk R. R. Co., 43 Conn., 596; Batchelder v. Bartholomew, 44 id., 502; Shepard v. New Haven & Northampton Co., 45 id., 58.
Another -error is assigned as a ground of appeal, in the ruling of the court as to the admissibility of certain evi
There is no error in the judgment appealed from.
In this opinion the other judges concurred.