Davis v. Gay
Massachusetts Supreme Judicial Court
Tort for the alleged negligence of the defendant in the keeping of goods delivered to him for safe keeping. The record showed that the case was referred to an auditor, who found the following facts: The defendant was the owner and proprietor of Hotel Hun- - tington, in Boston. Said structure is divided into twenty-one suites, or flats, rented to families for housekeeping purposes. Heat, hot and cold water, and janitor’s services are furnished to each suite by the proprietor.
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Tort for the alleged negligence of the defendant in the keeping of goods delivered to him for safe keeping. The record showed that the case was referred to an auditor, who found the following facts: The defendant was the owner and proprietor of Hotel Hun- - tington, in Boston. Said structure is divided into twenty-one suites, or flats, rented to families for housekeeping purposes. Heat, hot and cold water, and janitor’s services are furnished to each suite by the proprietor. Ho board, lodging, or accommodation for transient patrons is furnished. In July, 1880, the defendant leased a suite to…
1Opinion of the CourtW. Allen, J.
This case comes before us on appeal from a judgment of the Superior Court. The record shows no error in the judgment, and it must be affirmed.
In fact, though the record does not show it, the case was heard by the court below upon the report of an auditor, including evidence reported by him, and both parties have proceeded as if that fact and the auditor’s report were in the record. This is wrong, because an auditor’s report is only evidence, and is no part of the record, unless made so as agreed facts, or by being made part of a report, or of exceptions.
But, as both parties have presented the…
2Cited by15 opinions
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Siegel v. . Spear Co.New York Court of Appeals · 1923
- Gallagher v. PhinneyMassachusetts Supreme Judicial Court · 1933
- Untersee v. UnterseeMassachusetts Supreme Judicial Court · 1938
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