Connelly v. Scarpa

Exceptions overruled. That the jury awarded the plaintiff Catherine N. Connelly $12,000, notwithstanding the finding of the auditor (not final) that her damages were $15,000, did not require a new trial. Consistent with the rule stated in Cook v. Farm Serv. Stores, Inc. 301 Mass. 564, 566-567, such a . finding of damages, depending “upon sound judgment based largely upon common knowledge” (Sarhanis v. Young, 301 Mass. 571, 572), is not binding where a description of the injuries, warranting a finding in a different amount, is given in the auditor’s report, ibid., or in the testimony of…