Dombrowski v. Gedman

The only question before us is whether the auditor’s subsidiary findings require a conclusion at variance with his ultimate finding that the defendant’s gross negligence caused the plaintiffs’ injuries. Brooks v. Davis, 294 Mass. 236, 238. Savin v. Block, 297 Mass. 487, 490.

Pertinent subsidiary findings were these: At 10:45 in the evening of June 16, 1934, the defendant was giving the plaintiffs “a ride home” from a dance hall at Lake Quinsigamond in Worcester. There was a dirt road, averaging about fourteen feet in width and quite rough in spots, for about seven tenths of a mile, after which…