Shine v. Campanella & Cardi Construction Co.

The plaintiff, while operating his automobile, was hurt in a collision with a truck owned by the corporate defendant and operated by the defendant Fortin. This action of tort was referred to an auditor whose findings of fact were not to be final. He found for the defendant. A motion by the plaintiff to strike portions of the report was allowed. The ease was later tried before an other judge sitting with jury, who returned verdicts for the plaintiff. The only exception is to the action on the motion to strike.

The defendants contend that the judge’s action on the report did not comply with G-.…