Durgin v. Robertson

CARTER, Justice.

The plaintiffs, Hugh S. Durgin and Marion Durgin, appeal from a Superior Court judgment adopting a Referee’s report and denying their claim to a certain right of way over land of the defendant, Freda Robertson. Since we find that no final judgment has yet been entered in this case, we must dismiss the appeal.

The plaintiffs commenced this action by filing a complaint in two counts. The defendants counterclaimed. By agreement, evidence was heard by a Referee concerning the plaintiffs’ first count only. The Referee concluded that the plaintiffs had failed to establish their claim…