Battista v. F. W. Woolworth Co.

This is an action of tort for injuries received by the plaintiff, a prospective customer, from a fall *180in an entrance to the defendant’s store in Clinton. The case was referred to an auditor, his findings of fact to be final. The judge ordered that judgment be entered for the plaintiff on the auditor’s report, and the defendant appealed.

The duty of the judge was to order the correct judgment on the facts contained in the auditor’s report. Howland v. Stowe, 290 Mass. 142, 146. Redden v. Ramsey, 309 Mass. 225, 227. This we think was not done. The auditor found that there was no defect in the…