Petitti v. Perriello

This is an action of tort to recover damages alleged to have been caused by the gross negligence of the defendant. After a trial at which the report of an auditor, whose findings of facts were not to be final, and the testimony of witnesses were introduced, the jury found for the defendant. Before the report was read to the jury, the plaintiff moved that the findings of subsidiary facts, contained in “paragraphs five and six of Auditor’s Report,” be struck out for the reason that they were not findings of fact “but merely the reasoning ideas of the Auditor.” After the report was read to the…