Martin v. Reis

In this action of tort for negligence, the judge, sitting without jury, awarded damages to the plaintiff for injuries sustained by her when she tripped and fell over a board in an alley which was allegedly a common passage way for the tenants of the defendant. The plaintiff is the wife of one of the defendant’s tenants.

The case comes to us on exceptions of the defendant to the refusal of the judge to strike out certain portions of a report by an auditor whose findings of fact were not final, and to his denial of requested rulings of law. At the trial there was oral testimony in addition to…