Cifre v. Boston Edison Co.

A petition under G. L. c. 79 for the assessment of damages occasioned by a taking by the respondent (Edison) was referred to an auditor, whose findings were to be final. Edison, in accordance with Rule 90 of the Superior Court (1954), filed objections to the auditor’s report and requested that he summarize the evidence with respect to each objection. After the auditor filed his report, Edison, on May 22, 1957, filed three motions: (a) to discharge the report and for a new trial; (b) to recommit the report to require the evidence to be reported; and (c) to recommit the report for proper…