O'BRIEN v. Marston

In this action heard by a referee the plaintiff recovered damages for the loss of a runaway horse which was struck and injured with resulting death by an automobile operated by the defendant. The reference was made with right of exceptions as to questions of law reserved. In the Superior Court objections duly filed by the defendant were overruled and the report was accepted. The case is before us on exceptions to the acceptance of the report.

The single objection to the report was that the referee erred as a matter of law in ruling that the defendant was negligent in the operation and control…