Flaherty v. Collins

These are two actions of tort to recover compensation for personal injuries sustained in the circumstances set forth below. The jury returned a verdict for the plaintiff in each case. The defendants' exceptions are to the denial of their respective motions for directed verdicts and to certain instructions given to the jury by the judge.

The cases had been referred to an auditor who filed his report in which he found that the plaintiff was guilty of contributory negligence and that the defendants were not *154negligent, and found for the defendants. The findings of the auditor were not to be final.…