Carbonneau v. Cavanaugh

RUGG, Chief Justice. This action of tort to recover compensation for personal injuries was referred to an auditor whose findings of fact were by agreement of parties to be final. The report of the auditor was in favor of the plaintiff upon all points. Appended to the report are numerous objections no one of which raises a question of law apparent on the face of the report but all of which are to the effect that the evidence did not warrant the findings of fact. The procedure outlined in rules 89 and 90 of the superior court (1932) was not followed by the defendant. No evidence is reported or summarized in the report and no special order of the court was made respecting the matters. The objections appended to the report in these circumstances require no consideration.