Murphy v. Moore

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff as a result of being struck by an automobile operated by the defendant. The case was referred to an auditor whose findings of fact were not to be final. The auditor made subsidiary findings, and stated further: “Upon all the evidence and the facts as found by me, I find that the defendant was negligent in the operation of her automobile in failing to see the plaintiff. While driving conditions were bad, she had a visibility of twenty-five to thirty feet but did not see the plaintiff. Her…