Zawacki v. Finn

RONAN, Justice. At the trial of this action of tort to recover for personal injury and damage to his automobile, the plaintiff introduced the report of an auditor, who found in his favor and assessed damages in the sum of $3,780. The plaintiff testified at the trial but the defendant did not testify. Other than the auditors report, no evidence was submitted upon damages. The defendant admitted that he was negligent. In answer to a question submitted to them, the jury found that the plaintiff was in the exercise of due care. The Judge then directed the jury to find for the plaintiff in the amount determined by the auditor. The defendant excepted to the refusal of the Judge to grant his motion for a directed verdict and to the denial of certain requests for instructions.