Pheeney v. Malden Coal Co.

This is an action of tort to recover the value of a dog, owned by the plaintiff, which was killed by a truck belonging to the defendant and being operated by its employee. The record as printed consists of copies of the writ, the declaration of the plaintiff, the answer of the defendant, an order of reference to an auditor, the report of the auditor, a motion for judgment for the defendant on the auditor's *61report, a paper termed “Memorandum” signed by the trial judge whereby that motion was granted, and the appeal of the plaintiff from the allowance of that motion.

The defendant raises the…