Galluzzi v. City of Beverly

The plaintiff seeks to recover the sum of $600 agreed upon as the amount of damage caused to his building and his merchandise by the flooding of his cellar on October 20, 1937.

The case was referred to an auditor whose findings of fact were to be final. The auditor’s findings thus became a case stated. They were binding upon the trial judge where not inconsistent with each other or vitiated by any error of law apparent upon the face of the report. Merrimac Chemical Co. v. Moore, 279 Mass. 147, 152. Heaphy v. Kimball, 293 *136Mass. 414, 417. Edinburg v. Allen-Squire Co. 299 Mass. 206. Vigneault v.…