Tower Group, Inc. v. Thyssen Elevator Co.

The Tower Group, Inc. appeals an order denying exceptions to a general master’s report. We affirm.

First, we see no error with regard to the involuntary dismissal of the counterclaim. The record does not establish error in the general master’s ruling, or the denial of the exception on this point by the trial court.

Second, we decline to order a new trial on the basis of procedural error. At the time the case went to trial before the master, the parties and master had not noticed that the counterclaim had never been answered. The trial took place without any objection that the case was not at…